Glisson v. Heggie Bros.
Supreme Court of Georgia
Foreclosure of mortgage. Before Judge Gober; Burke superior court. October term, 1897. On March 1, 1895, A. S. & E. C. Glisson executed to' Heggie Brothers an instrument the body of which is as follows: “On October 1st, 1895, after date, I promise to pay to the order of Heggie Bros. twTo hundred dollars ($200.00) with interest from date at the rate of eight per cent, per’ annum, for two brown mare mules, each about four years old, the title to-which is to remain in the said…
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Foreclosure of mortgage. Before Judge Gober; Burke superior court. October term, 1897. On March 1, 1895, A. S. & E. C. Glisson executed to' Heggie Brothers an instrument the body of which is as follows: “On October 1st, 1895, after date, I promise to pay to the order of Heggie Bros. twTo hundred dollars ($200.00) with interest from date at the rate of eight per cent, per’ annum, for two brown mare mules, each about four years old, the title to-which is to remain in the said Heggie Bros, until the purchase-money is paid. If the payment of this note be enforced by suit, I agree to pay ten per…
1Opinion of the CourtLewis, J.
The contract entered into between the plaintiffs and defendant is rather a novel one in its nature. It reserves in the vendors title to the property sold, and in another clause of the instrument creates a lien upon that property, and certain lands of the vendee. We are inclined to think that under the instrument the vendors, at their election, could have treated it as an absolute sale, and have proceeded to foreclose their mortgage upon the property sold, as well as the land; or they could have relied upon their right of title to the mules, and have brought trover therefor. This is, however,…
2Cases cited3 opinions
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
- Randle v. Stone & Co.Supreme Court of Georgia · 1886
- Tidwell v. BurkettSupreme Court of Georgia · 1888
3Cited by24 opinions
- Lytle v. Scottish American Mortgage Co.Supreme Court of Georgia · 1905
- Moultrie Repair Co. v. HillSupreme Court of Georgia · 1904
- Rhodes & Son Furniture Co. v. JenkinsCourt of Appeals of Georgia · 1907
- Securities Trust Co. v. MarshallCourt of Appeals of Georgia · 1923
- Marshall v. Armour Fertilizer WorksCourt of Appeals of Georgia · 1919
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