Harvill v. Lowe
Supreme Court of Georgia
Claim. Bond for titles. Levy and sale. Filing deed. Vendor’s lien. Mortgage lien. Before Judge Hopkins. Fulton Superior Court.
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Claim. Bond for titles. Levy and sale. Filing deed. Vendor’s lien. Mortgage lien. Before Judge Hopkins. Fulton Superior Court. April Term, 1871. An execution in favor of William B. Lowe against one Lee Smith, founded upon a mortgage executed October 10th, 1866, for $350 00 principal, and $20 00 interest to October 9th, 1867, the date of the rule absolute, and issued on October 27th, 1867, was levied on December 7th, 1867, on the lot of land described in said mortgage, to-wit: Part of land lot number fifty, in the fourteenth district of originally Henry, now Fulton county, containing…
1Opinion of the Court
Montgomery, Judge.
The mortgage from Smith to Lowe in this case was nothing more than a mortgage of whatever interest Smith had at the date of the mortgage. Possibly, if Smith had acquired complete title to the land between the date of the mortgage and its foreclosure, he would have been estopped to deny Lowe’s right of foreclosure upon the entire estate which he held. His mortgage certainly does not estop Harvill. Does the deed? Suppose Harvill had filed his deed after the mortgage had been foreclosed, and the land levied on under the mortgage execution ? Manifestly the execution of Harvill…
2Cited by6 opinions
- Allen v. BemisSupreme Court of Georgia · 1942
- Equitable Mortgage Co. v. ButlerSupreme Court of Georgia · 1898
- McCord v. McGintySupreme Court of Georgia · 1896
- Arrington v. ArringtonSupreme Court of Georgia · 1940
- Fuller v. FullerSupreme Court of Georgia · 1957
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