Bosworth v. Davis
Supreme Court of Georgia
Claim, from Fulton Superior Court. Tried before Judge Bull, at April-Term, 1858. Davis the defendant in fi. fa., executed to Bosworth, a mortgage on a certain lot in the city of Atlanta, to secure the payment of a certain promissory note. The mortgage bears date, the 15th November, 1853, and was signed, sealed and delivered by said Davis, “ in the presence of A. E. Johnson, S. J. Shackleford, William J. Russell, Clerk Superior Court, of Fayette county.”
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Claim, from Fulton Superior Court. Tried before Judge Bull, at April-Term, 1858. Davis the defendant in fi. fa., executed to Bosworth, a mortgage on a certain lot in the city of Atlanta, to secure the payment of a certain promissory note. The mortgage bears date, the 15th November, 1853, and was signed, sealed and delivered by said Davis, “ in the presence of A. E. Johnson, S. J. Shackleford, William J. Russell, Clerk Superior Court, of Fayette county.” The lot of land was situated in that part of DeKalb county, afterwards cut off into the county of Fulton. The mortgage, without proof by any…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
This record presents but a single question, viz: Is the attestation of a mortgage of land by a Clerk of the Superior Court of a county other than the county in which the land lies, and in which it must be recorded sufficient to admit it to record without other proof. The object of the acts giving authority to the Clerks of the several Superior Courts of this *408State to attest or take the probate of deeds, bills of sale or other conveyances of real or personal property, so as to admit them to record, was no doubt, the accommodation ©f persons…
2Cited by1 opinion
- Anderson & Conley v. LeveretteSupreme Court of Georgia · 1902