Bertha Mineral Co. v. Buie
Court of Appeals of Georgia
Levy and claim; from Camden superior court — Judge Higiismith. May 14, 1921. This is a claim case. The facts disclosed by the record are in substance as follows: The St. Marys Transportation Company, a. copartership composed of J. L. Douglas and others, executed a mortgage on a certain “ lighter ” to the Bertha Mineral Company. This mortgage was executed by J. L. Douglas on behalf of the St. Marys Transportation Company, and was properly recorded.
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Levy and claim; from Camden superior court — Judge Higiismith. May 14, 1921. This is a claim case. The facts disclosed by the record are in substance as follows: The St. Marys Transportation Company, a. copartership composed of J. L. Douglas and others, executed a mortgage on a certain “ lighter ” to the Bertha Mineral Company. This mortgage was executed by J. L. Douglas on behalf of the St. Marys Transportation Company, and was properly recorded. Subsequently John Bichardson, who built the lighter or barge, foreclosed a mechanic’s lien thereon against J. L. Douglas, and had the property…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts.) We deem it necessary only to consider one of the points raised by the main bill of exceptions, to wit, that the affidavit which *662formed the basis of the mechanic’s lien foreclosure, not being sworn to, was void, the sheriff’s sale thereunder was without authority, and the claimant, who purchased the property in dispute at such a sale acquired no title thereto.
Section 3354 of the Civil Code of 1910 provides that “all mechanics of every sort, for work' done and material furnished in manufacturing or repairing personal property, shall have a special lien on…
2Cases cited6 opinions
- McCain v. BonnerSupreme Court of Georgia · 1905
- Britt v. DavisSupreme Court of Georgia · 1908
- Green v. RhodesCourt of Appeals of Georgia · 1910
- Bell v. ChandlerSupreme Court of Georgia · 1857
- Bryan v. Madison Supply Co.Supreme Court of Georgia · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Vandalsem v. CaldwellCourt of Appeals of Georgia · 1924
- Sutton v. QuinerlySupreme Court of North Carolina · 1950
- Williford v. StateCourt of Appeals of Georgia · 1937
- CHAMBERS LUMBER COMPANY, INC. v. HaganCourt of Appeals of Georgia · 1968
- JC PENNEY COMPANY v. GreenCourt of Appeals of Georgia · 1963
5 more not listed; retrieve them via the Exa API.