Denton Bros. v. Shields
Supreme Court of Georgia
Certiorari. Before Judge Evans. Jefferson superior court. November 11, 1903. • Moore executed the following paper: “ Bill of Sale. State of Georgia, McDuffie County. Eor and in consideration of seventy-five dollars, cash paid, I hereby sell and convey unto J. E. Shields, his heirS and assigns, one yoke of oxen, one a red ox, the other white with brindle side, named Burnelly and Bill. To have and to hold said oxen forever.
Read the full summary
Certiorari. Before Judge Evans. Jefferson superior court. November 11, 1903. • Moore executed the following paper: “ Bill of Sale. State of Georgia, McDuffie County. Eor and in consideration of seventy-five dollars, cash paid, I hereby sell and convey unto J. E. Shields, his heirS and assigns, one yoke of oxen, one a red ox, the other white with brindle side, named Burnelly and Bill. To have and to hold said oxen forever. And I agree to hold said oxen for him, and deliver same when he demands them. Witness my hand and seal, Eeb. 5th, 1901 [Signed] V. G. Moore. L. S.” The paper was properly…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) Under Georgia law, the word “ mortgage ” is used in a double sense. Sometimes it refers to a conveyance which creates a lien, and at others to one which passes title as security for a debt. An instrument containing a defeasance clause, describing the debt, and showing on its face that it is intended as security, is a mortgage, and passes no title. Civil Code, § 2723. A writing in the form of au absolute bill of sale, but in fact intended only as security for a debt, conveys title, but is treated as an equitable mortgage. Civil Code, § 2725; Mitchell v.…
2Cases cited2 opinions
- Biggers v. BirdSupreme Court of Georgia · 1876
- Mitchell v. FullingtonSupreme Court of Georgia · 1889
3Cited by6 opinions
- Askew v. ThompsonSupreme Court of Georgia · 1907
- Bashinski v. SwintSupreme Court of Georgia · 1909
- Ellison & Chew v. WilsonCourt of Appeals of Georgia · 1909
- Perdue v. GriffinCourt of Appeals of Georgia · 1924
- Lane v. SmartCourt of Appeals of Georgia · 1917
1 more not listed; retrieve them via the Exa API.