Mashburn & Co. v. Dannenberg Co.
Supreme Court of Georgia
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
- Gorman v. WoodSupreme Court of Georgia · 1882
- Phillips & Co. v. RoquemoreSupreme Court of Georgia · 1895
- Burt v. RubleySupreme Court of Georgia · 1901
- Chance v. McWhorterSupreme Court of Georgia · 1858
- Lee v. KimballSupreme Judicial Court of Maine · 1858
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