Legal Opinion

Fountain v. Fountain

Court of Appeals of Georgia

Decided February 10, 1910No. 1933PublishedCited by 11 opinions

Levy and claim; from city court of Ashburn — Judge Hawkins. April 24, 1909.

1Opinion of the CourtKussell, J.

On July 10, 1907, J. ,F. Smoot mortgaged to Charlie Fountain the following property: “All my interest in ten acres of short-staple cotton, now growing on place owned by Archie Fountain; said cotton being worked on halves by me, half of said crop being owned by me, and at my disposal.” This mortgage was recorded on September 28, 1907, and was foreclosed and the fi. fa. levied on the mortgaged property on October 28, 1907. After the levy Archie Fountain, the landlord, filed a claim to the property. The jury rendered a verdict against the claimant, finding in favor of the mortgage; and he made a…

2Cases cited4 opinions

  1. Conder v. Holleman & BallardSupreme Court of Georgia · 1883
  2. Parks v. SimpsonSupreme Court of Georgia · 1905
  3. Cofer v. BensonSupreme Court of Georgia · 1894
  4. Howard v. RumbleCourt of Appeals of Georgia · 1908

3Cited by11 opinions

  1. American Law Book Co. v. Brunswick Crosstie & Creosoting Co.Court of Appeals of Georgia · 1913
  2. Fletcher Guano Co. v. VorusCourt of Appeals of Georgia · 1912
  3. Tremere v. BarfieldCourt of Appeals of Georgia · 1913
  4. Randolph v. StateCourt of Appeals of Georgia · 1915
  5. Merriman v. MartinCalifornia Court of Appeal · 1931

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