Legal Opinion

Rasin v. Swann, Stewart & Co.

Supreme Court of Georgia

Decided January 13, 1888PublishedCited by 9 opinions

Mortgages. 'Liens. Money Rule. Executions. Before Judge Boynton. Newton Superior Court. March Term, 1887. Reported in the decision.

1Opinion of the Court

Simmons, Justice.

It appears from the record in this case that J. R. Duke, on December 4th, 1888, purchased a mule from Swann, Stewart & Company, giving his promissory note, payable on the 1st of November thereafter, for the purchase money of said mule; and in the same writing giving a mortgage to the vendors on said mule to secure the purchase money thereof, waiving homestead, etc. Upon maturity of the note, Duke failed to pay part of the purchase money for the mule, and Swann, Stewart & Company foreclosed their mortgage, and had an execution issued thereon and levied on the mule, which was…

2Cases cited1 opinion

  1. Scott, Carhart, & Co. v. WarrenSupreme Court of Georgia · 1857

3Cited by9 opinions

  1. Mitchell v. West End Park Co.Supreme Court of Georgia · 1930
  2. Protestant Episcopal Church of Diocese v. Lowe Co.Supreme Court of Georgia · 1908
  3. Duncan v. ClarkSupreme Court of Georgia · 1895
  4. Achey v. Coleman & RaySupreme Court of Georgia · 1894
  5. Courson v. WalkerSupreme Court of Georgia · 1894

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