Patterson v. Esterling
Supreme Court of Georgia
Levy and claim, in Sumter Superior Court. Tried before Judge Allen, at September Term, 1858. On the trial of this cause in the Court below, the plaintiff in fi. fa. introduced in evidence, a mortgage fi. fa. against lot of land number two hundred and fourteen, in the twenty-eighth district of Sumter county, which had been levied on said land. The mortgage had been properly recorded.
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Levy and claim, in Sumter Superior Court. Tried before Judge Allen, at September Term, 1858. On the trial of this cause in the Court below, the plaintiff in fi. fa. introduced in evidence, a mortgage fi. fa. against lot of land number two hundred and fourteen, in the twenty-eighth district of Sumter county, which had been levied on said land. The mortgage had been properly recorded. On the trial, there was an admission in writing, by claimant’s counsel, that Esterling, the defendant in fi. fa., was in possession of the said land, at the date of the mortgage. Plaintiff then closed his case.…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Bennett Esteriing mortgaged to Wm. J. Patterson lot of land No. 214, in the 28th district of Sumter county. The mortgage was duly recorded. The land was subsequently-sold under a common law/i./er., and knocked down to Newman McBain. Patterson was present at the sale. All admit that he gave notice of his mortgage lien. Glover, the Sheriff, testifies that proclamation was made about the time the land was knocked off He thought the hammer came down before the proclamation was made, but was not certain about it. James W. Ragan swears positively that…
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