Legal Opinion
Hampton v. State
Supreme Court of Georgia
Decided November 8, 1905PublishedCited by 2 opinions
Indictment for unlawful sale of mortgaged property. Before Judge Hamilton. Floyd superior court. • June 22, 1905.
1Opinion of the CourtJTsh, C. J.
1. A mortgage on “twelve acres of cotton,” without any further description, does not sufficiently specify the property upon which it is to take effect. Civil Code, §2724; Atkins v. Paul, 67 Ga. 97; Osborn v. Rice, 107 Ga. 281; Thomas Furniture Co. v. T. & C. Furniture Co., 120 Ga. 879. See also Broach v. O’Neal, 94 Ga. 474(3) ; Stephens v. Tucker, 55 Ga. 543.
2. An indictment for the wrongful sale of mortgaged property charged that the accused, on a given date, executed to the prosecutor a mortgage on "twelve acres of cotton,” to secure a specified debt, and thereafter, without the consent of…
2Cases cited5 opinions
- A. S. Thomas Furniture Co. v. T. & C. Furniture Co.Supreme Court of Georgia · 1904
- Osborne v. RiceSupreme Court of Georgia · 1899
- Stephens v. TuckerSupreme Court of Georgia · 1875
- Atkins v. PaulSupreme Court of Georgia · 1881
- Broach v. O'NealSupreme Court of Georgia · 1894
3Cited by2 opinions
- Miller v. StateCourt of Appeals of Georgia · 1916
- Brown v. StateCourt of Appeals of Georgia · 1939