Howard v. Gresham
Supreme Court of Georgia
Claim, from Early county. Tried before Judge Kiddoo, at September Term, 1858. On the 12th December, 1851, James B. Brown, executed a mortgage of certain lands to E. B. Lightfoot, to secure the payment of certain notes. The notes bore even date with the mortgage. In February or March, 1854, Lightfoot assigned the notes and mortgage to John T. Howard, for valuable consideration.
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Claim, from Early county. Tried before Judge Kiddoo, at September Term, 1858. On the 12th December, 1851, James B. Brown, executed a mortgage of certain lands to E. B. Lightfoot, to secure the payment of certain notes. The notes bore even date with the mortgage. In February or March, 1854, Lightfoot assigned the notes and mortgage to John T. Howard, for valuable consideration. Howard proceeded to foreclose the mortgage, and upon obtaining judgment, issued a fi. fa., under which the land mortgaged was levied upon, and advertised to be sold. Thereupon, Davis E. Gresham interposed a claim to a…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
The record in this case is so defective, that a satisfactory judgment can hardly be rendered upon it. We have no copy of the mortgage or of the note, upon which it is founded. We cannot tell whether Gresham’s deed was recorded before the transfer was made to Howard, nor whether Gresham was in possession of the land at that time. Indeed, neither *350the bill of exceptions, nor the transcript of the record, shows whether the mortgage note, together with the security, were transferred to Howard by Lightfoot before or after the sale by Brown to Gresham.-…
2Cases cited1 opinion
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