National Bank v. Danforth
Supreme Court of Georgia
Equity. Taxes. Municipal corporations. Levy and sale. Waiver. Mortgages. Liens. Executions. Notice. Contractors. Debtor and creditor. Interest and usury. Attorneys’ fees. Before Judge Roney. Richmond superior court. April term, 1887. The premises, consisting of a cotton warehouse in (be city of Augusta, belonging to O. W. Clayton, were mortgaged by him to the National Bank of Athens, (White cashier,) in 1877, to secure a debt of $4,500; the mortgage was duly recorded.
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Equity. Taxes. Municipal corporations. Levy and sale. Waiver. Mortgages. Liens. Executions. Notice. Contractors. Debtor and creditor. Interest and usury. Attorneys’ fees. Before Judge Roney. Richmond superior court. April term, 1887. The premises, consisting of a cotton warehouse in (be city of Augusta, belonging to O. W. Clayton, were mortgaged by him to the National Bank of Athens, (White cashier,) in 1877, to secure a debt of $4,500; the mortgage was duly recorded. In October, 1883, by security deed under §1969 of the code, he conveyed, subject to the mortgage, to Mrs. Danforth, to secure…
1Opinion of the Court
Bleckley, Chief Justice,
(after stating the above facts.)
1. The first question involves the propriety of treating Mrs. Clayton as subject to be assessed for these taxes for three years. The evidence in the record (about which there is no dispute) indicates clearly that she had been in the habit of paying taxes upon this property prior to 1883. The property was known in the tax-offlce as hers; and although the conveyance to her was not made until November, 1883, yet a return was made by her husband in that year, in which the reference to real estate was embraced simply in the word “ same,”…
2Cited by41 opinions
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- Wells v. Mayor of SavannahSupreme Court of Georgia · 1891
- Burns v. LewisSupreme Court of Georgia · 1891
- Ashley v. CookSupreme Court of Georgia · 1900
- Citizens Mercantile Co. v. EasomSupreme Court of Georgia · 1924
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