Mutual Loan & Banking Co. v. Haas
Supreme Court of Georgia
Levy and claim. Before Judge Lumpkin. Pulton superior court. September term, 1895. An execution in favor of the Mutual Loan and Banking •Company was levied upon realty which was claimed -by •Jacob Haas, Moms Adler and Isaac Liefaman. It was conceded that the rulings of 'the court upon questions of law would control the result.; and a verdict for 'the claimants was directed. Plaintiff excepted.
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Levy and claim. Before Judge Lumpkin. Pulton superior court. September term, 1895. An execution in favor of the Mutual Loan and Banking •Company was levied upon realty which was claimed -by •Jacob Haas, Moms Adler and Isaac Liefaman. It was conceded that the rulings of 'the court upon questions of law would control the result.; and a verdict for 'the claimants was directed. Plaintiff excepted. It appears, that on August 11, 1890, the defendant in execution, Mrs. S. J. Handy, made to' Haas a mortgage upon the property in dispute, to secure the payment of her promissory note for $12,000…
1Opinion of the Court
Simmons, Chief Justice.
1. It was contended on the part of the judgment creditor that, the mortgagee not having the legal title and being merely an agent of the mortgagor in the sale of the land, a purchaser at the sal© would 'take the land subject to' the lien of judgments against the mortgagor existing at the time of the sale, just as he would if -the land were sold hy the mortgagor herself. We do not concur in this view. The mortgagee, in the exercise of the power of sale, was something m'ore than a mere agent of the mortgagor. The mortgage, it is trae, did not convey title, and therefore…
2Cases cited4 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Calloway v. People's BankSupreme Court of Georgia · 1875
- Palmer v. YoungSupreme Court of Georgia · 1895
- Tarver v. EllisonSupreme Court of Georgia · 1876
3Cited by25 opinions
- MacKler v. LahmanSupreme Court of Georgia · 1943
- Ellis v. EllisSupreme Court of Georgia · 1925
- Middlebrooks v. LonasSupreme Court of Georgia · 1980
- Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941
- MILLER GRADING &C. v. Ga. Fed. &C. Assn.Supreme Court of Georgia · 1981
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