Legal Opinion

Harry L. Winter Inc. v. First National Bank

Supreme Court of Georgia

Decided June 20, 1927No. 5815PublishedCited by 7 opinions

1Opinion of the CourtG-ilbebt, J.

1. Where two creditors of a common debtor, who is insolvent, each has, relatively to the other, the highest lien, each having a security deed upon distinct property belonging to such debtor, and there is outstanding against the debtor a tax execution issued generally, the burden of discharging the lien of the tax execution should, as a general rule, upon equitable principles, be apportioned between the two lien creditors by making each of the separate properties liable ratably for its proportion of the whole amount of the taxes according to the respective valuations at which the properties…

2Cases cited4 opinions

  1. Brooks v. MatledgeSupreme Court of Georgia · 1897
  2. Merchants National Bank v. McWilliamsSupreme Court of Georgia · 1899
  3. Askew v. Scottish American Mortgage Co.Supreme Court of Georgia · 1901
  4. Noles v. FewSupreme Court of Georgia · 1923

3Cited by7 opinions

  1. Bibb County v. ElkanSupreme Court of Georgia · 1937
  2. Snyder v. ElkanSupreme Court of Georgia · 1938
  3. Federal Land Bank v. Farmers & Merchants BankSupreme Court of Georgia · 1933
  4. Phœnix Mutual Life Insurance v. Bank of KestlerSupreme Court of Georgia · 1930
  5. Griffin v. LaneSupreme Court of Georgia · 1933

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