Elrod v. Owensboro Wagon Co.
Supreme Court of Georgia
Equitable petition. Before Judge Eite. Murray superior court. February 20, 1906. The Owensboro Wagon Company filed its equitable petition against Elrod, alleging as follows: Plaintiff is a corporation of Kentucky. It was the holder and owner of a mortgage executed to it by Maggie Browning and W. M. Davenport on certain described 'land.
Read the full summary
Equitable petition. Before Judge Eite. Murray superior court. February 20, 1906. The Owensboro Wagon Company filed its equitable petition against Elrod, alleging as follows: Plaintiff is a corporation of Kentucky. It was the holder and owner of a mortgage executed to it by Maggie Browning and W. M. Davenport on certain described 'land. Plaintiff foreclosed this mortgage, obtaining a rule absolute at the February term, 1905, of the superior court.' Shortly before the judgment was taken, the land was put up and sold as the property of Maggie Browning, under a tax fi. fa.,' and was bought in by…
1Opinion of the CourtLumpkin, J.
(After stating the facts.)
1-2. The defendant says that he denies the allegations in one paragraph of the petition, but immediately couples this in the same sentence with the statement that plaintiff had no mortgage, for that it was neither properly signed, attested, nor recorded as required by law. This does not deny the existence of the mortgage or that it was signed. It merely asserts that there was some want of conformity with the requirements of the law in regard to the signing^ attesting, and recording. Whether the impropriety existed in the signing, the attestation, or the recording…
2Cases cited2 opinions
- Morrison v. WhitesideSupreme Court of Georgia · 1902
- Ivey v. GriffinSupreme Court of Georgia · 1894
3Cited by10 opinions
- Durham v. CrawfordSupreme Court of Georgia · 1943
- Caffey v. ParrisSupreme Court of Georgia · 1938
- Clarence L. Martin, P.C. v. WallaceCourt of Appeals of Georgia · 2001
- Edwards v. HallSupreme Court of Georgia · 1933
- Andrews v. WaldenSupreme Court of Georgia · 1951
5 more not listed; retrieve them via the Exa API.