Ford v. Fargason
Supreme Court of Georgia
Levy and claim. Before Judge Raines. City court of Dawson. August 19, 1904.
1Opinion of the CourtFish, P. J.
1. The word “trustee,” following a person’s name, is merely descriptio personse. Fargason v. Ford, 119 Ga. 343.
2. Unless an execution issued upon foreclosure of a chattel mortgage he arrested by counter-affidavit, it is final process. See Bank of Forsyth v. Gammage, 109 Ga. 222, and cases cited.
3. The only persons authorized to file such counter-affidavit are the mortgagor, his special agent or legal representative, and a creditor of the mortgagor. Civil Code, §§ 2765, 2768, 2769.
4. When such an execution is levied upon the mortgaged property and a claim is interposed thereto, the claimant,…
2Cases cited7 opinions
- Bank of Forsyth v. GammageSupreme Court of Georgia · 1899
- Fargason v. FordSupreme Court of Georgia · 1904
- Sharp v. American Freehold Land Mortgage Co.Supreme Court of Georgia · 1895
- Walden v. Brantley Co.Supreme Court of Georgia · 1902
- Wash v. First National BankSupreme Court of Georgia · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- City Council v. LamarCourt of Appeals of Georgia · 1927
- Complete Auto Transit, Inc. v. FloydSupreme Court of Georgia · 1958
- Turpin v. North American Acceptance Corp.Court of Appeals of Georgia · 1969
- Oxford v. ShumanCourt of Appeals of Georgia · 1962
- Allied Enterprises, Inc. v. BrooksCourt of Appeals of Georgia · 1956
32 more not listed; retrieve them via the Exa API.