Payton v. McPhaul
Supreme Court of Georgia
injunction. Before Judge Spence. Worth superior court. ■October 22, 1906. John G. McPhaul filed a petition against Claude Payton, C. E. Hay, and J. D. Bridges, alleging, that on July 7, 1904, W. I). Collier executed and delivered to the Bank of Poulan a mortgage to secure a debt of $190.20, due October 15, 1904, upon property ■described as follows: “100 acres in the southeast corner of lot No. 307 in the 7th District of Worth County, Ga.”
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injunction. Before Judge Spence. Worth superior court. ■October 22, 1906. John G. McPhaul filed a petition against Claude Payton, C. E. Hay, and J. D. Bridges, alleging, that on July 7, 1904, W. I). Collier executed and delivered to the Bank of Poulan a mortgage to secure a debt of $190.20, due October 15, 1904, upon property ■described as follows: “100 acres in the southeast corner of lot No. 307 in the 7th District of Worth County, Ga.” The mortgage ■contained the following provision: “Should this debt not be paid at maturity, the said bank of Poulan, Poulan, Ga., or their assigns are…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1. The court will take judicial notice of the fact that land lot number 307 in the 7th district of Worth County, Georgia, contains 490 acres and is in the form of a square. Huxford v. Sou. Pine Co., 124 Ga. 182 (3). It is claimed that the description of the property mortgaged is so indefinite that no lien was created by the execution of the mortgage. The description is “100 acres in thé southeast corner of land lot No. 307 in the 7th district of Worth County, Ga.” A deed or mortgage will not be held void .for an insufficient description of the property if by any…
2Cases cited8 opinions
- Williams v. PounsTexas Supreme Court · 1877
- Terry v. RodahanSupreme Court of Georgia · 1888
- Ray v. PeaseSupreme Court of Georgia · 1894
- Moseley v. RamboSupreme Court of Georgia · 1899
- Palmer v. YoungSupreme Court of Georgia · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Osteen v. WynnSupreme Court of Georgia · 1908
- Head v. LeeSupreme Court of Georgia · 1947
- McSwain v. RicketsonSupreme Court of Georgia · 1907
- Darley v. StarrSupreme Court of Georgia · 1920
- Guess v. MorganSupreme Court of Georgia · 1943
34 more not listed; retrieve them via the Exa API.