Courson v. Walker
Supreme Court of Georgia
Money rule. Before Judge Hunt. Hancock superior court. August term, 1893. On rule to distribute a fund raised by sale of mules under mortgage Ji.fa., the fund was awarded to the moi'tgagee in preference to the holder of common law fi.fas. from a justice’s court, the lien of the mortgage fi. fa. being for the purchase money of the mules sold.
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Money rule. Before Judge Hunt. Hancock superior court. August term, 1893. On rule to distribute a fund raised by sale of mules under mortgage Ji.fa., the fund was awarded to the moi'tgagee in preference to the holder of common law fi.fas. from a justice’s court, the lien of the mortgage fi. fa. being for the purchase money of the mules sold. The following appears from the evidence: The mortgage was from J. M. Courson to W. A. Walker, dated at Milledgeville, Ga., February 11, 1891, filed for record in Hancock county on February 18, 1891, and recorded on the next day in the clerk’s office of…
1Opinion of the Court
Simmons, Justice.
1. This case is controlled by the decision in Rasin v. Swann, Stewart & Co., 79 Ga. 703, where it was held that .a mortgage to secure purchase money, the mortgage being executed simultaneously with the purchase, has priority over the lien of an existing judgment against the purchaser and mortgagor. Counsel for the plaintiff in error sought to take this case out of the ruling in that case, on the ground that in that case none of the purchase money was paid, while in the present case part ■of the purchase money was paid at the time of the sale. Lie contends that inasmuch as…
2Cases cited1 opinion
- Rasin v. Swann, Stewart & Co.Supreme Court of Georgia · 1888
3Cited by6 opinions
- Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941
- Mitchell v. West End Park Co.Supreme Court of Georgia · 1930
- Protestant Episcopal Church of Diocese v. Lowe Co.Supreme Court of Georgia · 1908
- Western Tie & Timber Co. v. CampbellSupreme Court of Arkansas · 1914
- Aetna Casualty & Surety Co. v. Valdosta Federal Savings & Loan Ass'nCourt of Appeals of Georgia · 1985
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