Wade v. Johnston
Supreme Court of Georgia
Claim, from Morgan county. Decided by Judge Hardeman, March Term, 1858. The defendant in error in this case filed his claim, alleging that he was the owner of certain machinery and property appertaining to the “ Madison Steam Mill,” which had been levied on by virtue of a mortgage fi. fa. from the Inferior Court of Morgan county, in favor of James A. Wade, as executor of Hudson Wade, deceased.
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Claim, from Morgan county. Decided by Judge Hardeman, March Term, 1858. The defendant in error in this case filed his claim, alleging that he was the owner of certain machinery and property appertaining to the “ Madison Steam Mill,” which had been levied on by virtue of a mortgage fi. fa. from the Inferior Court of Morgan county, in favor of James A. Wade, as executor of Hudson Wade, deceased. When the case came on for trial, the plaintiff in execution having given in evidence his execution, under which the levy was made, the mortgage and judgment of foreclosure, upon which the said execution…
1Opinion of the Court
By the. Court.
Lumpkin, J.
delivering the opinion.
The Madison Steam Mill Company mortgaged to the plaintiff in error, certain real estate, on which their factory twas situated, and also included in the same mortgage, as personal property, various articles of machinery then in the building. The plaintiff in error foreclosed his mortgage upon the machinery, as personal property, before one of the Justices of the Inferior Court of Morgan county, and execution was issued upon said judgment of foreclosure, returnable to the inferior Court of Morgan county. This execution was levied upon the…
2Cases cited5 opinions
- Walker v. ShermanNew York Supreme Court · 1839
- Cresson v. StoutNew York Supreme Court · 1819
- Seneca County Bank v. NeassNew York Supreme Court · 1848
- Gale v. WardMassachusetts Supreme Judicial Court · 1817
- Freeland v. SouthworthNew York Supreme Court · 1840
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- Homac Inc. v. Fort Wayne Mortgage Co.District Court, N.D. Georgia · 1983
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