Lowe v. Rawlins
Supreme Court of Georgia
Sales. Mortgages. Liens. Money rule. Subrogation. Caveat emptor. Before Judge Kibbee. Pulaski county. At chambers, December 31, 1888. Reported in the decision.
1Opinion of the Court
Bleckley, Chief Justice.
This case presents but a single question. Personal property was mortgaged twice and sold twice. The first sale was under the junior mortgage, and the mortgagee was himself the purchaser. He paid the money to the sheriff, and a part of it was applied, by judgment of the court, to the discharge of certain liens which were superior to both mortgages. Afterwards the property was seized -and sold under a ft. fa. founded on the senior mortgage, *321and the proceeds of this sale being in court for distribution, the junior mortgagee claimed to be subrogated to the rights of the…
2Cases cited3 opinions
- Colbert v. MooreSupreme Court of Georgia · 1880
- Methvin v. BexlySupreme Court of Georgia · 1855
- McWhorter v. BeaversSupreme Court of Georgia · 1850
3Cited by7 opinions
- Fed. Sec. L. Rep. P 97,590 Ralph Falls, Jr. v. William Fickling, William Fickling, Jr. And F. Kennedy HallCourt of Appeals for the Fifth Circuit · 1980
- Milam v. AdamsSupreme Court of Georgia · 1960
- Brady v. SmothermanCourt of Appeals of Georgia · 1935
- United States v. WilliamsCourt of Appeals for the Fifth Circuit · 1947
- Chilton v. HarrisMissouri Court of Appeals · 1914
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