Legal Opinion

Stanton v. Hargett

Court of Appeals of Georgia

Decided February 17, 1956No. 35968Published

1Opinion of the CourtFelton, C. J.

Assuming that such a motion was proper, the court did not err in overruling it. As to the procedure under Code § 67-805, the court said, in Barkley v. May, 3 Ga. App. 101, 103 (2) (59 S. E. 440): “It was designed for those cases where a cred*510itor of the mortgagor might desire to contest the validity and fairness of the mortgage, and not to settle the priority of conflicting liens.” The petitioner here is not contesting the validity and fairness of Stanton’s bill of sale to secure debt. He contends that certain of the property sold under Stanton’s process was not covered by Stanton’s lien, or,…

2Cases cited4 opinions

  1. Barkley v. MayCourt of Appeals of Georgia · 1907
  2. Crawford County Bank v. Britt-Hightower Co.Court of Appeals of Georgia · 1916
  3. Pasley v. BelandSupreme Court of Georgia · 1900
  4. Brown v. SmithCourt of Appeals of Georgia · 1935

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