Collier v. Blake
Court of Appeals of Georgia
Levy and. claim; from city court of Zebulon — Judge Dupree. . April 6, 1914. Moate executed a mortgage to Blake on a gray mare mule, a blue mare mule, and a gray horse mule, as security for a debt of $496.50 and interest. Tbe mortgage was foreclosed for $346 principal, besides interest, the execution was levied on the gray mare mule, and J. C. Collier filed a claim to the mule levied on.
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Levy and. claim; from city court of Zebulon — Judge Dupree. . April 6, 1914. Moate executed a mortgage to Blake on a gray mare mule, a blue mare mule, and a gray horse mule, as security for a debt of $496.50 and interest. Tbe mortgage was foreclosed for $346 principal, besides interest, the execution was levied on the gray mare mule, and J. C. Collier filed a claim to the mule levied on. On the trial of the claim case the court refused to allow the following amendment: “The claimant, J. C. Collier, amends the joined issue in this case and shows the following facts: 1st. The fi. fa. levied in…
1Opinion of the CourtBroyles, J.
1. Unless an execution, issued upon the foreclosure of a chattel mortgage, be arrested by a counter-affidavit, it is final process. Ford v. Fargason, 120 Ga. 606 (48 S. E. 180); Bank of Forsyth v. Gammage, 109 Ga. 222 (34 S. E. 307), and cases cited. No counter-affidavit was filed in this case.
2. When an execution is levied upon mortgaged property, and a claim is interposed, the claimant can not, upon the trial of the issue, amend the claim by alleging that the mortgagor is not indebted to the mortgagee, nor will he be allowed to introduce testimony tending to show it. Ford v. Fargason,…
2Cases cited4 opinions
- Ford v. FargasonSupreme Court of Georgia · 1904
- Bank of Forsyth v. GammageSupreme Court of Georgia · 1899
- Shaw v. McDonaldSupreme Court of Georgia · 1857
- Wash v. First National BankSupreme Court of Georgia · 1896
3Cited by7 opinions
- Carroll v. RichardsCourt of Appeals of Georgia · 1934
- Jackson v. Moultrie Production Credit Ass'nCourt of Appeals of Georgia · 1948
- Banks v. Employees Loan & Thrift Corp.Court of Appeals of Georgia · 1965
- Potts v. Reconstruction Finance Corp.Court of Appeals of Georgia · 1948
- Jordan v. American Agricultural Chemical Co.Court of Appeals of Georgia · 1936
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