McGuire v. Barker
Supreme Court of Georgia
Mortgage. Lien. Title. Before Judge Underwood. Eloyd Superior Court. January Term, 1878. McGuire had certain land levied on under a mortgage fi.fa. in favor of himself against Cleghorn, administrator of Scott; Barker- claimed.
Read the full summary
Mortgage. Lien. Title. Before Judge Underwood. Eloyd Superior Court. January Term, 1878. McGuire had certain land levied on under a mortgage fi.fa. in favor of himself against Cleghorn, administrator of Scott; Barker- claimed. On the trial it appeared that Scott, the intestate, gave to McGuire the mortgage, which was in the usual form, except the addition of this clause: “With condition that he may advertise and sell the same in thirty days after maturity if said note is not paid.” , It. was dated September 11,1872, and was recorded September 24, 1874. On January 1, 1873, claimant bought the…
1Opinion of the Court
Jackson, Justice.
Two questions are made in this record. First, is a paper in all respects and in form a common mortgage, anything but a mortgage, because it is. stipulated therein that the mortgagee may advertise and sell within thirty days after the debt is due, unless paid ? and secondly, when such paper is not recorded as a mortgage, is it good against a subsequent deed conveying title without actual notice of the prior conveyance ?
1. In regard to the first question, we hold that- the paper is a mortgage with power to sell in the mortgagee, and nothing more. For the purposes of this case,…
2Cited by3 opinions
- Fulghum v. Williams Co.Supreme Court of Georgia · 1902
- Cully v. Bloomingdale, Rhine & Co.Supreme Court of Georgia · 1882
- First Nat. Bank of Atlanta v. Southern Cotton Oil Co.Court of Appeals for the Fifth Circuit · 1935