Goodwin v. May
Supreme Court of Georgia
In Equity, in Macon Superior Court. Decision by Judge Powers. March Term, 1857. This was a bill filed by Theodore A. Goodwin, against Pleasant L. J. May, Richard H. D. Sorrel, Jesse Cain, and the Sheriff and deputy Sheriff of Macon county, for discovery, relief and injunction.
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In Equity, in Macon Superior Court. Decision by Judge Powers. March Term, 1857. This was a bill filed by Theodore A. Goodwin, against Pleasant L. J. May, Richard H. D. Sorrel, Jesse Cain, and the Sheriff and deputy Sheriff of Macon county, for discovery, relief and injunction. The bill set forth, that in May, 1852, complainant sold to Jesse Cain, a lot of furniture, consisting of beds, bedsteads, mattresses, tables, &c., on condition that the same was not-to become the property of Cain until he paid for it, but that the right and title thereof was to continue in complainant until said…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
The question in this case is this : A. sells personal property to B., and delivers it with the express understanding and agreement that if the same be not paid for at the time stipulated, A. is to repossess himself of the property, and that he is to retain the title until the money is paid. B. removes to another county, and mortgages the property to a creditor, who has no notice of the conditional sale. Who has the better right ?
There is but one ground upon which the lien of the mortgagee can be maintained, as against the legal title; and that…
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- Ezzard v. Frick & Co.Supreme Court of Georgia · 1886
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