Russell v. C. D. Carr & Co.
Supreme Court of Georgia
Priority of mortgage liens. Decided by Judge Gibson. Richmond Superior Court. June Term, 1868. ' The house and lot of Thomas M. Johnson was sold by the sheriff for $6,800 00. He applied $4,111 00 to costs and a mortgage in favor of Clayton. The balauce was claimed by C. D. Carr & Co., and also by Henry F. Russell, mortgagees, each of whom claimed that his lien had precedence over the other’s.
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Priority of mortgage liens. Decided by Judge Gibson. Richmond Superior Court. June Term, 1868. ' The house and lot of Thomas M. Johnson was sold by the sheriff for $6,800 00. He applied $4,111 00 to costs and a mortgage in favor of Clayton. The balauce was claimed by C. D. Carr & Co., and also by Henry F. Russell, mortgagees, each of whom claimed that his lien had precedence over the other’s. The sheriff having been ruled, these mortgagees were at issue on this point, and agreed that the Judge should decide both the law and the facts in the cause. On the 24th of April, 1867, Johnson made and…
1Opinion of the CourtMcCay, J.
The true date of every paper is the time of its delivery, and this may, even as between the parties themselves, be shown, although a different date be upon the paper. 4 Philips Ev., Cowen and Hill’s notes, part 2d, 588, and cases *462cited. Much more is this true, when the real facts of a transaction are sought to be proven by one who is not a party to the paper, but who resists it. The rule that a writing cannot be altered or explained by a parol, only applies against the parties to it, or privies. A stranger, to whom it has become important to show the truth of a transaction between others, is…
2Cited by10 opinions
- Mitchell v. West End Park Co.Supreme Court of Georgia · 1930
- Irwin v. DaileySupreme Court of Georgia · 1961
- Cole v. Illinois Sewing Machine Co.Court of Appeals of Georgia · 1910
- Ehrmann v. StitzelCourt of Appeals of Kentucky · 1906
- Rose v. StateSupreme Court of Georgia · 1899
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