Murray & Co. v. Jones
Supreme Court of Georgia
Bankrupt. Incumbrance. Promissory notes. Mortgage. Before Judge Hopkins. Fulton County. At Chambers. June 2d, 1873. MiIhhk & Company et al., filed their bill against Paul Jone^J|and A. M. Perkerson, deputy sheriff of said county, alleging substantially as follows: That the defendant, J ones, was the pretended owner and holder of a promissory note made by Rondeau & Company to J. C. Kyle or bearer, for $8,000 00, dated February 13th, 1871, payable twelve months after date, and…
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Bankrupt. Incumbrance. Promissory notes. Mortgage. Before Judge Hopkins. Fulton County. At Chambers. June 2d, 1873. MiIhhk & Company et al., filed their bill against Paul Jone^J|and A. M. Perkerson, deputy sheriff of said county, alleging substantially as follows: That the defendant, J ones, was the pretended owner and holder of a promissory note made by Rondeau & Company to J. C. Kyle or bearer, for $8,000 00, dated February 13th, 1871, payable twelve months after date, and of two mortgages, one made by said Rondeau & Company on the machinery, engine and boiler, etc., in their furniture…
1Opinion of the Court
McCay, Judge.
1. We are not prepared to say that the purchaser at the assignee’s sale cannot set up that the mortgage is fraudulent. True, there are cases that way: 34 New Hampshire, 102; 98 Massachusetts, 305; 32 Maine, 197. But there are cases contra: Williams vs. Varnneli, 4 Sand’s (N. Y.) Chancery, 388; Seaman vs. Slaughton, 3 Barbour Chan. R., 348; Dodge vs. Shelton, 6 Hill, 9.
On principle, it would seem that the right of the purchaser *118turns on whether the assignee has affirmed the sale or mortgage. "Without question, if he has done this, the purchaser would be estopped. The assignee may…
2Cited by6 opinions
- In re MullenDistrict Court, D. Massachusetts · 1900
- Berrie v. SmithSupreme Court of Georgia · 1896
- Setze v. First National BankSupreme Court of Georgia · 1913
- Williamson v. MimmsSupreme Court of Arkansas · 1887
- Pate v. AllisonSupreme Court of Georgia · 1902
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