Stonewall Jackson Loan & Building Ass'n v. McGruder
Supreme Court of Georgia
Liens. Before J udge Gibson. Rich monel Superior Court.. June Term, 1870. On the 15th of February, 1868, the Stonewall Jackson Loan and Building Association took a mortgage upon certain property. They foreclosed it, had the property levied on in 1869, and the sheriff sold the property and brought the money into Court. Various fi. fas. against the mortgagors came into Court to claim this money.
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Liens. Before J udge Gibson. Rich monel Superior Court.. June Term, 1870. On the 15th of February, 1868, the Stonewall Jackson Loan and Building Association took a mortgage upon certain property. They foreclosed it, had the property levied on in 1869, and the sheriff sold the property and brought the money into Court. Various fi. fas. against the mortgagors came into Court to claim this money. They were all in favor of laborers and mechanics, and sued out under the steamboat lien.law, in March, 1869. Counsel for the Association moved to quash these fi. fas., because the proceedings did not…
1Opinion of the Court
McCay, Judge.
1. Neither the Act of 1869, nor the Constitutional clause upon which it was founded, is retroactive in its terms. Both of them use language referring to the future, and it would be violating all the rules for construing statutes to give them a retroactive operation so as to affect rights vested before their passage: Dwarris on Statutes. We cannot, therefore, agree with the Court below in giving these laborers’ and mechanics’ ji. fas. a preference in the distribution of this fund, over the lien of the plaintiff’s mortgage, made and duly recorded before the laws granting these…
2Cited by11 opinions
- In re Erie Lumber Co.District Court, S.D. Georgia · 1906
- Langston & Crane v. AndersonSupreme Court of Georgia · 1882
- Georgia Loan, Savings & Banking Co. v. DunlopSupreme Court of Georgia · 1899
- Allred v. HaileSupreme Court of Georgia · 1890
- Love v. CoxSupreme Court of Georgia · 1881
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