Wikle v. Jones
Supreme Court of Georgia
Equitable petition. Before Judge Eite. Bartow superior court. August 17, 1908. T. R. Jones -was the executor of J. R. Jones, deceased. On December 14, 1896, as an individual he made to himself as executor a mortgage on certain land, reciting that he had taken charge of the estate and had become indebted to it to the amount of $7,097-76/100, which he desired to secure. This was recorded.
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Equitable petition. Before Judge Eite. Bartow superior court. August 17, 1908. T. R. Jones -was the executor of J. R. Jones, deceased. On December 14, 1896, as an individual he made to himself as executor a mortgage on certain land, reciting that he had taken charge of the estate and had become indebted to it to the amount of $7,097-76/100, which he desired to secure. This was recorded. On October 14, 1901, he made an entry of cancellation of this mortgage, signed as executor. On April 9, 1902, as an individual he executed to J. G. Lowry a mortgage, reciting that the latter had become…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
Under the facts of this case, we can not say that the trial court committed such error as to require a reversal. The complaint of the intervenor, in regard to the mortgage under which the plaintiffs claimed, was based on four leading grounds: (1) That it was void for want of contracting parties; (2) for want of consideration; (3) for want of delivery; (4) because it was given to hinder, delay, or defraud creditors of Jones, the mortgagor. The first of these grounds, if meritorious, was as much so and as apparent ever since the making and recording of the…
2Cases cited4 opinions
- Charleston & Western Carolina Railway Co. v. Pope & FlemingSupreme Court of Georgia · 1905
- Brumby v. JonesCourt of Appeals for the Fifth Circuit · 1905
- Goodrich v. City Loan & Building Ass'nSupreme Court of Georgia · 1875
- Loudon v. Blandford & GarrardSupreme Court of Georgia · 1876
3Cited by2 opinions
- McKenzie v. Bank of GeorgiaCourt of Appeals of Georgia · 1948
- Jones v. JonesSupreme Court of Georgia · 1914