Rish v. Clements
Court of Appeals of Georgia
Action upon bond; from Calhoun superior court — Judge Harrell. June 6, 1917. A mortgage fi. fa. in favor of the Bank of Edison against John T. Eish was levied upon certain personal property as the property of the defendant. A forthcoming bond, signed by J. T. Eish and E. L. Eish as security, conditioned upon the delivery of the property at the time and place of sale, was given to the sheriff.
Read the full summary
Action upon bond; from Calhoun superior court — Judge Harrell. June 6, 1917. A mortgage fi. fa. in favor of the Bank of Edison against John T. Eish was levied upon certain personal property as the property of the defendant. A forthcoming bond, signed by J. T. Eish and E. L. Eish as security, conditioned upon the delivery of the property at the time and place of sale, was given to the sheriff. The property was advertised, in the Calhoun County Courier, for sale on the first Tuesday in November, 1915. The levy recited: “Levied on and to be sold as the property of John C. Eish by virtue of a…
1Opinion of the CourtHarwell, J.
(After stating the foregoing facts.) It is well established that no demand on the obligor and his surety is required in order to render them liable for failure to produce, on the day of sale, the property described in the forthcoming bond, and that legal advertisement of the sale is sufficient notice to them; *290and proof of the advertisement will suffice to show such breach, if the property be not produced at the time and place of sale. Early v. Hampton, 15 Ga. App. 95 (3) (82 S. E. 669), and eases cited. The obligor in the forthcoming bond in the instant case insists that there was no legal…
2Cases cited4 opinions
- Coffee v. RagsdaleSupreme Court of Georgia · 1901
- Early v. HamptonCourt of Appeals of Georgia · 1914
- Dollar v. WindSupreme Court of Georgia · 1911
- Braddy v. WhiteleySupreme Court of Georgia · 1901
3Cited by4 opinions
- Robertson v. TempleSupreme Court of Georgia · 1950
- McGinty v. ChambersSupreme Court of Georgia · 1936
- Continental Casualty Co. v. Bibb Chevrolet Co.Court of Appeals of Georgia · 1934
- Seagrayes v. KelleyCourt of Appeals of Georgia · 1970