Chamberlin & Co. v. Beck, Gregg & Co.
Supreme Court of Georgia
Mortgages. Executions. Actions. Practice in Superior Court. Before Judge Brown. Dawson Superior Court. September Term, 1881. On the twenty-ninth day of January, 1881, E. B. Chamberlin & Co. executed a mortgage, covering their stock of merchandise, to Moore, Marsh & Co., and Beck, Gregg & Co., to secure the payment of two debts, one in favor of Moore, Marsh & Co., for $993.91, represented by note, dated 29th January, 1881, and due one day after date, the other in favor of…
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Mortgages. Executions. Actions. Practice in Superior Court. Before Judge Brown. Dawson Superior Court. September Term, 1881. On the twenty-ninth day of January, 1881, E. B. Chamberlin & Co. executed a mortgage, covering their stock of merchandise, to Moore, Marsh & Co., and Beck, Gregg & Co., to secure the payment of two debts, one in favor of Moore, Marsh & Co., for $993.91, represented by note, dated 29th January, 1881, and due one day after date, the other in favor of Beck, Gregg & Co. for $1,002.36, by note, dated January 29th, 1881, and due one day after date, with interest, costs and…
1Opinion of the Court
Jackson, Chief Justice.
1. To foreclose a mortgage on personalty, the affidavit may be made before the clerk of the superior court, and execution issue without any order from the judge of the superior court. Code, §3971.
2. Substantially the execution follows the affidavit and specifies the sum due each of plaintiffs. It commands a sale, because it requires the sheriff to make the money out of the mortgaged goods.
3. The mortgage is one. It is on the same goods to secure two firms for several sums due each, but on one instrument under which each plaintiff claims. One foreclosure, therefore, of…
2Cited by3 opinions
- Bank of Oglethorpe v. BrooksCourt of Appeals of Georgia · 1924
- Dunson & Bros. v. Smith Seed Co.Court of Appeals of Georgia · 1921
- Dampier v. Citizens & Southern National BankCourt of Appeals of Georgia · 1973