Carter v. Johnson
Supreme Court of Georgia
Injunction and receivership. • Before Judge Ilighsmith. Jeff Davis superior court. June 30, 1922. In a contract of sale of a cotton-oil mill and ginning outfit and eight acres of land on which they were located, purchase-money notes aggregating $49,554.66 for the price of the entire property were executed by the vendee, who took possession under a bonil for title.
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Injunction and receivership. • Before Judge Ilighsmith. Jeff Davis superior court. June 30, 1922. In a contract of sale of a cotton-oil mill and ginning outfit and eight acres of land on which they were located, purchase-money notes aggregating $49,554.66 for the price of the entire property were executed by the vendee, who took possession under a bonil for title. The latter instrument contained an accelerating clause whereby all the notes might be declared due by the payee on failure to pay one of them at maturity. The notes were indorsed by the payee in blank. Before maturity of the first…
1Opinion of the CourtAtkinson, J.
(1, 2, 3, 6, 7, 8). The rulings announced in the first, second, third, sixth, seventh, and eighth headnotes do not require elaboration.
4. In this State, since the adoption of the first Code in 1863, there has been no vendor’s equitable lien for the purchase-money of lhnds. Civil Code (1910), § 3373; Jones v. Janes, 56 Ga. 325; Green v. Hall, 151 Ga. 728 (108 S. E. 42). The case first cited involved competition between the holder of purchase-money notes given for land and claims of general creditors. It.was held, inasmuch as the vendor’s equitable lien was abolished, that the purchase-money…
2Cases cited14 opinions
- Henry v. McAllisterSupreme Court of Georgia · 1894
- Clark v. HavardSupreme Court of Georgia · 1905
- Pelt v. HurtSupreme Court of Georgia · 1896
- Cade v. JenkinsSupreme Court of Georgia · 1892
- Tumlin v. VanhornSupreme Court of Georgia · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Waldroup v. StateSupreme Court of Georgia · 1944
- Irons v. American National BankSupreme Court of Georgia · 1933
- Baggerly v. Bainbridge State BankSupreme Court of Georgia · 1925
- Cook v. Securities Investment Co.Supreme Court of Georgia · 1937
- Irwin v. WillisSupreme Court of Georgia · 1947
21 more not listed; retrieve them via the Exa API.