Lampkin v. First National Bank
Supreme Court of Georgia
Equitable petition. Before Judge Milner. Bartow ■superior court. July term, 1894. Garwood, a merchant, being about to fail in business, employed an attorney to draw mortgages on his stock of goods in favor of Lampkin, Mrs. Vandivere, and the First National Bank of Cartersville. These mortgages tvere drawn one immediately after another, or as nearly .as possible at the same time.
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Equitable petition. Before Judge Milner. Bartow ■superior court. July term, 1894. Garwood, a merchant, being about to fail in business, employed an attorney to draw mortgages on his stock of goods in favor of Lampkin, Mrs. Vandivere, and the First National Bank of Cartersville. These mortgages tvere drawn one immediately after another, or as nearly .as possible at the same time. The bank’s mortgage was taken by some of its officers who were present at the time the three mortgages were drawn and executed. Lampkin and Mrs. Vandivere were not present, and knew nothing of the mortgages until…
1Opinion of the Court
Lumpkin, Justice.
1. The rule as to notice announced in the first headnote is not only based on sound common sense, but is-amply sustained by the authorities, one of which strikingly in point is Wade on Notice, §691. One who by ratification makes the act of another his own, necessarily (to use a homely expression) places himself in the latter’s shoes so far as the act in question is concerned; and therefore, in legal contemplation, sees, hears and ascertains what his agent by adoption found out and. knew.
2. It appears from the record, that all the mortgages, contesting for the fund in court…
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