Legal Opinion
Old Stone Mortgage & Realty Trust v. New Georgia Plumbing, Inc.
Court of Appeals of Georgia
Decided October 20, 1976No. 52595PublishedCited by 9 opinions
1Opinion of the Court
Clark, Judge.
The principal question presented for decision in this appeal is whether plaintiffs materialman’s lien is entitled to priority over the deeds to secure debt of certain lenders.
In November, 1971, Accent Development Corporation ("Owner”) borrowed $270,000 from two of its stockholders, First American Investment Corporation and Fidelity Capital Corporation ("Seed Lenders”), to acquire nine acres of land in DeKalb County, Georgia. As security for the loan, Owner gave a debt deed to Seed Lenders. This instrument was recorded on November 18, 1971. Thereafter, Cousins Mortgage and Equity…
2Cases cited11 opinions
- Oglethorpe Savings & Trust Co. v. MorganSupreme Court of Georgia · 1920
- Lombard v. Trustees of the Young Men's Library Ass'n FundSupreme Court of Georgia · 1885
- Picklesimer v. SmithSupreme Court of Georgia · 1927
- Guaranty Investment & Loan Co. v. Athens Engineering Co.Supreme Court of Georgia · 1922
- Williams v. BrewtonSupreme Court of Georgia · 1930
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gellis v. B. L. I. Construction Co.Court of Appeals of Georgia · 1978
- Ballard v. Grubbs (In Re Grubbs)District Court, M.D. Georgia · 1981
- Murray v. ChulakSupreme Court of Georgia · 1983
- Padgett v. City of MoultrieCourt of Appeals of Georgia · 1997
- Old Stone Mortgage & Realty Trust v. New Georgia Plumbing, Inc.Supreme Court of Georgia · 1977
4 more not listed; retrieve them via the Exa API.