Legal Opinion
Hogg v. Fuller
Court of Appeals of Georgia
Decided January 7, 1916No. 6427PublishedCited by 5 opinions
Petition for possession; from city court of Americus — Judge Harper. February 6, 1915.
1Opinion of the CourtWade, J.
Section 3256 of the Civil Code, with a single exception not here material, limits the subject-matter upon which a mortgage can lawfully operate to “property in possession, or to which the mortgagor has the right of possession at the time” the instrument is executed; and generally neither a corporation nor a natural person has the right to *443mortgage property which may be acquired after the execution of the mortgage. Durant v. Duchesse D’Auxy, 107 Ga. 456, 464 (33 S. E. 478); Georgia Southern Railway Co. v. Barton, 101 Ga. 466, 469 (28 S. E. 842); Lubroline Oil Co. v. Athens Savings Bank, 104…
2Cases cited4 opinions
- Hill v. O'Bryan Bros.Supreme Court of Georgia · 1898
- Lubroline Oil Co. v. Athens Savings BankSupreme Court of Georgia · 1898
- Georgia Southern & Florida Railway Co. v. BartonSupreme Court of Georgia · 1897
- Durant v. Duchesse D'AuxySupreme Court of Georgia · 1899
3Cited by5 opinions
- Thomas v. HudsonSupreme Court of Georgia · 1940
- Passieu v. B. F. Goodrich Co.Court of Appeals of Georgia · 1938
- Stanley v. EllisCourt of Appeals of Georgia · 1948
- Savnnah Bank & Trust Company v. Great American Indemnity Co.Court of Appeals for the First Circuit · 1962
- Eskind v. HarveyCourt of Appeals of Georgia · 1917