Berry v. Hise
Supreme Court of Georgia
• Equitable petition. Before W. B. Sloan, judge pro hac vice. Habersham superior court. July 16, 1917.
1Opinion of the CourtAtkinson, J.
1. “The transfer of notes secured by a mortgage or otherwise conveys to the transferee the benefit of the security. If more than one note is secured and the mortgagee transfers some and retains others, the holder of the transferred notes has a preference over the mortgagee if the security is insufficient to pay all the notes.” Civil Code, §§ 4276, 3345; Setze v. First National Bank, 140 Ga. 603 (79 S. E. 540).(a) The statutes just cited, when properly construed, are unrestricted as to the manner of transfer; and consequently they apply where the transfer is by indorsement of the note “without…
2Cases cited4 opinions
- Hawkins v. StuddardSupreme Court of Georgia · 1909
- Setze v. First National BankSupreme Court of Georgia · 1913
- English v. GrantSupreme Court of Georgia · 1897
- Neal v. Murphey & Co.Supreme Court of Georgia · 1878
3Cited by9 opinions
- Investors Syndicate v. ThompsonSupreme Court of Georgia · 1931
- Carter v. JohnsonSupreme Court of Georgia · 1923
- Elliott v. GarySupreme Court of Georgia · 1922
- Thronateeska Pecan Co. v. MatthewsCourt of Appeals for the Fifth Circuit · 1921
- Holbrook v. AdamsSupreme Court of Georgia · 1928
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