Legal Opinion
American Finance Company v. First National Bank in Newnan
Court of Appeals of Georgia
Decided June 5, 1975No. 50510PublishedCited by 9 opinions
1Opinion of the Court
Clark, Judge.
We frame the issue posed by this appeal thusly: Where an automobile is levied on and sold at a judicial sale pursuant to a writ of fieri facias is the holder of the motor vehicle security interest barred from bringing an action for conversion against the plaintiff in fi. fa. because the lienholder failed to assert its security interest in the court by means of our "claim” laws?
On January 30, 1973, a writ of fieri facias issued for the execution of a judgment which defendant American Finance Company had obtained against Billy Cosper. Levy was then made by the sheriff of Fulton…
2Cases cited16 opinions
- Whittington v. Doe ex dem. WrightSupreme Court of Georgia · 1850
- Christopher v. McGeheeCourt of Appeals of Georgia · 1971
- McLennan v. GrahamSupreme Court of Georgia · 1898
- Bodega v. PerkersonSupreme Court of Georgia · 1878
- Bragg v. BraggSupreme Court of Georgia · 1968
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pascoe Steel Corp. v. Turner County Board of EducationCourt of Appeals of Georgia · 1976
- Whitby v. MaloyCourt of Appeals of Georgia · 1978
- Walter E. Heller & Co. v. Aetna Business Credit, Inc.Court of Appeals of Georgia · 1981
- Bullock v. GroganCourt of Appeals of Georgia · 1977
- Moore v. First National Bank of AtlantaCourt of Appeals of Georgia · 1977
4 more not listed; retrieve them via the Exa API.