Legal Opinion
Brantley v. Baker
Supreme Court of Georgia
Decided February 9, 1886PublishedCited by 7 opinions
Bonds. Mortgages. Written Instruments. Illegality. Before Judge Lumpkin. Hancock Superior Court. April Term, 1885. Reported in the decision.
1Opinion of the Court
Jackson, Chief Justice.
The question made in this record is, whether an affidavit of illegality to a mortgage fi.fa. on personalty should be dismissed because the condition of the bond is as follows :
“ Now, if the said W. D. Brantley should return the property so levied on to the levying officer, in case the issue formed on the affidavit of illegality to the foreclosure of said mortgage should be found against the said W. D. Brantley, this bond to be void, else of full force.”
1. The bond is a condition precedent to the return of the papers to court in order to try the issue made by the…
2Cases cited1 opinion
- Haynes v. RichardsonSupreme Court of Georgia · 1878
3Cited by7 opinions
- Lytle v. DeVaughnSupreme Court of Georgia · 1888
- Glass v. AustinCourt of Appeals of Georgia · 1922
- Dawson v. Planters BankCourt of Appeals of Georgia · 1924
- Bridges v. MeltonCourt of Appeals of Georgia · 1925
- Hayes v. Savannah Chemical Co.Court of Appeals of Georgia · 1915
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