Avera Loan & Investment Co. v. Yopp
Court of Appeals of Georgia
Foreclosure; from city court of Dublin — Judge Flynt. February 23, 1920. The Avera Loan and Investment Company filed in the city court an affidavit to foreclose as a mortgage an instrument in the form of a promissory note for $398 principal, with a clause as follows: “I hereby grant, bargain, sell, alien, and convey unto the said” payee “the following described property,” describing certain personal. property. It was attested by a notary public.
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Foreclosure; from city court of Dublin — Judge Flynt. February 23, 1920. The Avera Loan and Investment Company filed in the city court an affidavit to foreclose as a mortgage an instrument in the form of a promissory note for $398 principal, with a clause as follows: “I hereby grant, bargain, sell, alien, and convey unto the said” payee “the following described property,” describing certain personal. property. It was attested by a notary public. The plaintiffs bill of exceptions states that “defendant moved orally to dismiss said proceeding, on the ground that plaintiff was proceeding…
1Opinion of the CourtSmith, J.
1. Where an instrument appears on its face to he an absolute bill of sale to personalty, but does not contain a defeasance clause, and (as the agreed statement of facts shows) was not accompanied by an actual or constructive delivery of the property into the possession of the vendee, extrinsic evidence is admissible to show that what appears to be a bill of sale was intended only as a security for debt. Denton v. Shields, 120 Ga. 1078 (48 S. E. 423) ; Pitts v. Maier, 115 Ga. 285 (41 S. E. 570) ; Ellison v. Wilson, 7 Ga. App. 214 (66 S. E. 631).
2. The instrument being an equitable mortgage, it…
2Cases cited7 opinions
- Simpson & Harper v. Sanders & JenkinsSupreme Court of Georgia · 1908
- Pitts v. MaierSupreme Court of Georgia · 1902
- Dixon v. BondCourt of Appeals of Georgia · 1916
- Ellison & Chew v. WilsonCourt of Appeals of Georgia · 1909
- Denton Bros. v. ShieldsSupreme Court of Georgia · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Jackson v. ParksCourt of Appeals of Georgia · 1934