Wright v. State

In order for a mortgagor’s sale of mortgaged property to be an offense, under section 720 of the Penal Code (1910), three essential facts must appear: (1) That the sale was made without the consent of the mortgagee; (2) that it was made with intent to defraud the mortgagee; and (3) that loss was thereby sustained by the holder ■ of the mortgage. Reece v. State, 5 Ga. App. 663 (63 S. E. 670), and cases there cited. The evidence in this ease is.not clear as to the first, essential stated; and it is shown that even if the sale of the property was made, it was made without any intent to defraud…