Broach v. Mullis
District Court, S.D. Georgia
In Equity. Bill by James F. Broach, trustee of B. L. Harrell, bankrupt, against C. N.-Mullís, Sheriff, and another, to enjoin a sale of real estate of the bankrupt, levied undér state court process.
1Opinion of the Court
LAMBDIN, District Judge.
The question here made is quite an important one to the business world. It appears that on the 18th day of January, 1912, the bankrupt, B. E. Harrell, made a mortgage on his real estate in Dodge county to the Citizens’ Banking Company, of Eastman, Ga., in order to secure an indebtedness of something like $3,900, principal; that the mortgage was duly recorded, as provided by the laws of Georgia, and was regularly foreclosed by final judgment in the superior court of Dodge county, Ga., in November, 1914, and that a mortgage fi. fa. was issued a few days thereafter on…
2Cases cited7 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- In re RohrerCourt of Appeals for the Sixth Circuit · 1910
- Sample v. BeasleyCourt of Appeals for the Fifth Circuit · 1908
- Stone v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1899
- Carter v. Peoples National BankSupreme Court of Georgia · 1900
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3Cited by2 opinions
- In re BrinnDistrict Court, N.D. Georgia · 1919
- Duke v. LowOregon Supreme Court · 1931