Benson v. Green
Supreme Court of Georgia
Mortgages. Record. Liens. .Judgments. Before Judge Lumpkin. Wilkes superior court. May term, 1887. On January 21st, S. J. Willoughby gave to Irvin, Gallan & Co. a bill of sale to secure a loan pit was recorded June 16th. On March 6th, he gave James A. Benson, a mortgage on the same property.
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Mortgages. Record. Liens. .Judgments. Before Judge Lumpkin. Wilkes superior court. May term, 1887. On January 21st, S. J. Willoughby gave to Irvin, Gallan & Co. a bill of sale to secure a loan pit was recorded June 16th. On March 6th, he gave James A. Benson, a mortgage on the same property. Benson delivered it to the clerk of the superior-court for. record on March 25 th, and that officer endorsed on it filed for record, March 25th, 1886.” It was actually recorded April 9th. On March 20th, T. M. Green obtained a judgment against Willoughby. The mortgaged property was sold, and the fund…
1Opinion of the Court
Blandford, Justice.
The question in this case is, whether a mortgage presented to the clerk of the superior court for record in time, but not actually recorded within the time required by law, is to be considered as duly recorded so as to retain its lien.
We are of the opinion that the mortgage must be actually recorded; that the mere presentation of it to the clerk, and minute made upon it by the clerk that it was filed at a certain time, is not á record of.the mortgage so as to retain the lien from its date. We think this question is settled, by our own .statutes on the subject. The code,…
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