Our Bank v. Corry
Supreme Court of Georgia
Claim. Before Judge Park. Greene superior court. July 27, 3915. On March 13, 1912, W. E. Corry executed to the Bank of Siloam a note for $700, due the fifteenth of the following October, and a mortgage to secure it. In this mortgage certain mules were described, among them "one black horse-mule six years old named Dan, and one black horse-mule six years old named Battler.” Later he executed to another bank called “Our Bank,” two bills of sale to secure debts.
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Claim. Before Judge Park. Greene superior court. July 27, 3915. On March 13, 1912, W. E. Corry executed to the Bank of Siloam a note for $700, due the fifteenth of the following October, and a mortgage to secure it. In this mortgage certain mules were described, among them "one black horse-mule six years old named Dan, and one black horse-mule six years old named Battler.” Later he executed to another bank called “Our Bank,” two bills of sale to secure debts. These included certain other live stock not material to be mentioned here, and also “two black horse-mules four years old named Punch…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The controlling point in the ease is this: Our Bank took two bills of sale from Corry to secure an indebtedness due by him. They described certain live stock, among which were “two black horse-mules four years old named Punch and Ed, of the value of $500.” The bank instituted an action of trover against Corry, to recover the property covered by these bills of sale. It also sued out bail process, and the sheriff seized “two black or bay horse-mules named Punch and Ed,” and also one other mule and a horse. Neither party having replevied the animals, an…
2Cases cited4 opinions
- Wade & Co. v. HamiltonSupreme Court of Georgia · 1860
- Rowland v. Gregg & SonSupreme Court of Georgia · 1905
- Hurley & Smith v. EppsSupreme Court of Georgia · 1882
- Blalock v. WellsSupreme Court of Georgia · 1914
3Cited by2 opinions
- Marshall v. Armour Fertilizer WorksCourt of Appeals of Georgia · 1919
- Hope v. GlassSupreme Court of Georgia · 1936