Littlefield & Bro. v. Clary
Supreme Court of Georgia
Mortgage. Jurisdiction. Lost Papers. Before Judge Mershon. Ware Superior Court. October Term, 1880. A mortgage ft. fa. in favor of Littlefield & Bro., against Buchanan & Knowles, was levied on a certain steam sawmill, which was claimed by Clary.
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Mortgage. Jurisdiction. Lost Papers. Before Judge Mershon. Ware Superior Court. October Term, 1880. A mortgage ft. fa. in favor of Littlefield & Bro., against Buchanan & Knowles, was levied on a certain steam sawmill, which was claimed by Clary. The original mortgage and note were lost, and copies were established before the ordinary by the summary proceeding provided by the act of 1876. On the trial the claimant objected to the admission in evidence of the mortgage fi. fa., on the ground that the copy mortgage on which it was based could not be thus summarily established. The objection was…
1Opinion of the Court
Jacioon, Chief Justice.
The sole question made by this record is whether the court of ordinary had jurisdiction to establish a copy of' the lost mortgage under the act of 1876, codified in the supplement to the Code, §§420-1-2-3. The act of 1876-repealed that of 1866, codified in Code, §§3993-4-5. The effect is to transfer powers, granted generally to officers-who could administer an oath summarily to establish certain lost papers, to the ordinary. The words are the same in both cases, so far as they describe the lost papers, copies-of which may be established in this summary manner, and are “…
2Cited by6 opinions
- Demere v. Germania BankSupreme Court of Georgia · 1902
- Rowell v. Harrell Realty Co.Court of Appeals of Georgia · 1920
- Strauss v. StateCourt of Appeals of Georgia · 1966
- In Re WasherCalifornia Court of Appeal · 1926
- Radioshack Corp. v. Cascade Crossing II, LLCSupreme Court of Georgia · 2007
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