Legal Opinion

Mashburn & Co. v. Dannenberg Co.

Supreme Court of Georgia

Decided April 8, 1903Published

Equitable petition. Before Judge Roberts. Pulaski superior court. February 6, 1902.

1Opinion

ON MOTION EOR REHEARING.

Cobb, J.

Application is made for a rehearing upon the propositions laid d‘own in the 5th, 6th, and 7th headnotes. This raises the question as to what is an “ antecedent ” or “ pre-existing ” debt, within the meaning of that rule which asserts that a mortgagee who takes a mortgage to secure a pre-existing or antecedent debt is not a bona fide purchaser for value. It is contended that a mortgagee is not a bona fide purchaser within the meaning of this rule, unless he pays value at the time his mortgage is taken; that is, unless the consideration of the mortgage passes at…

2Cases cited6 opinions

  1. Gorman v. WoodSupreme Court of Georgia · 1882
  2. Phillips & Co. v. RoquemoreSupreme Court of Georgia · 1895
  3. Burt v. RubleySupreme Court of Georgia · 1901
  4. Chance v. McWhorterSupreme Court of Georgia · 1858
  5. Lee v. KimballSupreme Judicial Court of Maine · 1858

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API