Jones & Damren Auto Co. v. Lott
Court of Appeals of Georgia
Levy and claim; from city court of Waycross — Judge McDonald. October, 8, 1915. Personal property, levied on under an execution issued in a foreclosure proceeding, was claimed by Jones & Damren Anto Company. The trial of the claim case resulted in a judgment adverse to the claimant, and it excepted.
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Levy and claim; from city court of Waycross — Judge McDonald. October, 8, 1915. Personal property, levied on under an execution issued in a foreclosure proceeding, was claimed by Jones & Damren Anto Company. The trial of the claim case resulted in a judgment adverse to the claimant, and it excepted. The instrument on which the foreclosure was based embraced a lease by Mrs. Dan Lott to Fred You-mans of a described storeroom, “to be used as a garage,” and a mortgage on personalty by the lessee to the lessor, to secure the payment of the rent of the leased premises.. It was filed for record in…
1Opinion of the CourtRussell, C. J.
1. In the trial (in which the evidence was submitted to the judge, acting as both court and jury) there was sufficient testimony to authorize the finding that the entry upon the record of an agreement which contained a mortgage was constructive notice of a lien upon the property in dispute. The record called for further inquiry on the part of an ordinarily prudent man, and such inquiry would have brought actual notice of the true condition of affairs.
2. The instrument in question, and to the introduction of which objection was made, conveyed such a lien as was sufficient to ereate a mortgage…
2Cases cited29 opinions
- Nichols v. HamptonSupreme Court of Georgia · 1872
- Wadley Lumber Co. v. LottSupreme Court of Georgia · 1908
- Stewart v. JaquesSupreme Court of Georgia · 1887
- Beaty v. SearsSupreme Court of Georgia · 1909
- Durrence v. Northern National BankSupreme Court of Georgia · 1903
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3Cited by3 opinions
- Reynolds v. Tifton Guano Co.Court of Appeals of Georgia · 1917
- Askew v. WilsonCourt of Appeals of Georgia · 1919
- Georgia Novelty Machine Co. v. MountCourt of Appeals of Georgia · 1957