Bacon v. Hanesley
Court of Appeals of Georgia
Complaintfrom city court of Amerieus—Judge Harper. April 17, 1916.
1Opinion of the CourtBeoyles, J.
1. An instrument in which title to personal property is retained in the vendor until payment of the purchase-price, and which contains also a stipulation that it is a mortgage upon the property, should be construed as a retention-of-title contract only. The provision as to its being a mortgage is invalid. The vendor and the vendee can not by agreement make the paper one both retaining title and not retaining title to the same property. Smith v. DeVaughn, 82 Ga. 574 (9 S. E. 425); Pitts v. Maier, 115 Ga. 281 (41 S. E. 570); Winn v. Tyner, 139 Ga. 765 (78 S. E. 185). Any contrary holding in…
2Cases cited16 opinions
- Kennedy v. ManryCourt of Appeals of Georgia · 1909
- Toomer v. DickersonSupreme Court of Georgia · 1867
- Pitts v. MaierSupreme Court of Georgia · 1902
- American Law Book Co. v. Brunswick Crosstie & Creosoting Co.Court of Appeals of Georgia · 1913
- Cloud v. ScarboroughCourt of Appeals of Georgia · 1907
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Sherman v. StephensCourt of Appeals of Georgia · 1923
- Spurlock v. Commercial Banking Co.Court of Appeals of Georgia · 1976
- Land v. HallCourt of Appeals of Georgia · 1933
- Lang v. HallCourt of Appeals of Georgia · 1920
- Lankford v. PetersonCourt of Appeals of Georgia · 1917
10 more not listed; retrieve them via the Exa API.