Markham v. Hunnicutt
Supreme Court of Georgia
Estoppel. Decrees. Before Judge Hopkins. Eulton Superior Court. April Term, 1871. Hunnicutt’s bill against Marcellus O. Markham, averred as follows: On the 19th of July, 1866, Markham’s father sold one Sells certain land in Atlanta, on credit, for $10,000, for which Sells gave his two notes for $5,000 00, each, payable to M. O. Markham, and secured by mortgage on the land.
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Estoppel. Decrees. Before Judge Hopkins. Eulton Superior Court. April Term, 1871. Hunnicutt’s bill against Marcellus O. Markham, averred as follows: On the 19th of July, 1866, Markham’s father sold one Sells certain land in Atlanta, on credit, for $10,000, for which Sells gave his two notes for $5,000 00, each, payable to M. O. Markham, and secured by mortgage on the land. Sells paid the first note by a resale of half the lot to M. O. Markham, and the lien on that half was extinguished. In September, 1866, Sells sub-divided the other half into four parts, and sold them at public outcry to the…
1Opinion of the Court
Warner, Judge.
This was a bill filed by the complainant against the defendant, praying for an injunction to restrain the defendant from selling a certain described city lot, it the city of Atlanta, by virtue of a mortgage fi. fa. in favor of the defendant, as mortgagee, against one Holmes Sells. It appears from the evidence in the record, that Sells executed a mortgage to the defendant, for the lot in controversy, on the 19th day of July, 1866, which was duly recorded on the 20th day of July, 1866; that afterwards, an agreement was entered into between the defendant and Sells, the mortgagor,…
2Cited by1 opinion
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