DeVaughn v. Harris
Supreme Court of Georgia
Complaint. Before Judge Littlejohn. Macon superior court. May term, 1897. Grant turned over to DeVaughn, in satisfaction of a mortgage which he (Grant) had executed to DeVaughn, certain merchandise covered by the mortgage, and upon which there was a senior mortgage executed by Grant in favor of Johnson & Harris.
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Complaint. Before Judge Littlejohn. Macon superior court. May term, 1897. Grant turned over to DeVaughn, in satisfaction of a mortgage which he (Grant) had executed to DeVaughn, certain merchandise covered by the mortgage, and upon which there was a senior mortgage executed by Grant in favor of Johnson & Harris. Subsequently Johnson & Harris brought suit against Grant and DeVaughn, alleging that the agreement between the defendants whereby the goods were turned over to DeVaughn, was made with knowledge on the part of DeVaughn of the existence of the senior mortgage of the plaintiffs, and with…
1Opinion of the CourtCobb, J.
When this case was here before (96 Ga. 211), it was held that the court erred in granting a nonsuit. By that decision it is settled that if the holder of a junior mortgage on personal property, with knowledge of the existence" of a senior mortgage, receives the mortgaged property from the mortgagor, and with his consent appropriates it in whole or in part to the satisfaction of the junior mortgage, and then places it beyond the reach of an execution issued upon the foreclosure of the senior mortgage, he is liable to the plaintiff in that execution for the value of the property thus received…
2Cases cited3 opinions
- Harris v. GrantSupreme Court of Georgia · 1895
- Benton v. McCordSupreme Court of Georgia · 1895
- Reid v. MatthewsSupreme Court of Georgia · 1897
3Cited by20 opinions
- Penn Mutual Life Insurance v. TaggartCourt of Appeals of Georgia · 1928
- United States v. McCleskey Mills, Inc.Court of Appeals for the Fifth Circuit · 1969
- Leatherwood v. Boomershine Motors Inc.Court of Appeals of Georgia · 1936
- Anderson v. Adams & Co.Supreme Court of Georgia · 1903
- Blanchard v. Farmers State BankSupreme Court of Georgia · 1924
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