Morris v. Winkles
Supreme Court of Georgia
Claim. Mortgage. Onus. Judgment. Before Judge Janes. Haralson superior court. January adjourned term, 1891. • A mortgage Ji.fa. in favor of Winkles against Reuben Morris was levied on the land mortgaged, and a claim was interposed by Serena Morris, his wife. The property W0.S found subject; claimant’s motion for new tidal was overruled, and she excepted.
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Claim. Mortgage. Onus. Judgment. Before Judge Janes. Haralson superior court. January adjourned term, 1891. • A mortgage Ji.fa. in favor of Winkles against Reuben Morris was levied on the land mortgaged, and a claim was interposed by Serena Morris, his wife. The property W0.S found subject; claimant’s motion for new tidal was overruled, and she excepted. The grounds of the motion were, that the verdict was contrary to law, evidence, etc.; that the court erred in refusing to allow claimant to show that the mortgage introduced by plaintiff' in ji.fa. was not made by defendant, the claimant…
1Opinion of the Court
Bleckley, Chief Justice.
1. By statute ordinary judgments have a lien from their date upon all property, real and personal, of the defendant, then owned or afterwards acquired. "Where a levy is made under a judgment of that class, it suffices, therefore, to prove possession in the defendant at the time of the levy, or at any time subsequent to the rendition of the judgment, as a basis for presuming title to the property and attachment of the judgment lien upon it. But the rule does not apply to mortgage executions. The lien is lodged in the mortgage, and not in the levy, execution or judgment…
2Cases cited5 opinions
- Butt v. MaddoxSupreme Court of Georgia · 1849
- Gunn v. JonesSupreme Court of Georgia · 1881
- Smith v. HaireSupreme Court of Georgia · 1877
- Richards & Brother v. Myers & MarcusSupreme Court of Georgia · 1879
- Ivey v. ColquittSupreme Court of Georgia · 1879
3Cited by20 opinions
- Osborne v. RiceSupreme Court of Georgia · 1899
- Osburn v. PritchardSupreme Court of Georgia · 1898
- Reynolds v. JonesCourt of Appeals of Georgia · 1909
- Jones v. HightowerSupreme Court of Georgia · 1903
- Blount v. DunlapCourt of Appeals of Georgia · 1925
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