McPhee v. Guthrie & Co.
Supreme Court of Georgia
Mortgage. Claim. Equity. Improvements. Before E. N. Broyles, Judge pro hae vioe. Fulton Superior Court. April Term, 1873. For the facts of this case, see the decision. The court erred in sustaining demurrer to claimant’s equitable plea.
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Mortgage. Claim. Equity. Improvements. Before E. N. Broyles, Judge pro hae vioe. Fulton Superior Court. April Term, 1873. For the facts of this case, see the decision. The court erred in sustaining demurrer to claimant’s equitable plea. Claimant being an innocent purchaser, without notice, in good faith, having placed on the premises valuable permanent improvements, was entitled to payment therefor out of the proceeds of the sale of said property: Bright vs. Boyd, 1 Story’s reports, 478;.same case in 2 Story’s reports, 605; "Wormly et al. vs. Wormly et al, 1 Brock, 331; same case in 8…
1Opinion of the Court
Warner, Chief Justice.
On the 24th day of January, 1867, Holmes Sells executed his mortgage deed to Guthrie & Company upon a city lot in the city of Atlanta, to secure the payment of a promissory note for the sum of $2,822 50, bearing even date with said mortgage, and due sixty days after date. The mortgage was duly recorded, foreclosed and levied on the city lot described therein, and claimed by Donald McPhee. It appears from the evidence in the record that, subsequent to the execution of the mortgage, the city lot -was assigned and set apart to Sells, the mortgagor, as a homestead, for the…
2Cited by10 opinions
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- Kirk v. BraySupreme Court of Georgia · 1935
- Dudley v. JohnsonSupreme Court of Georgia · 1897
- Harper v. DurdenSupreme Court of Georgia · 1933
- Fields v. CarltonSupreme Court of Georgia · 1885
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