Mitchell v. Castlen
Court of Appeals of Georgia
Trover, from city court of Forsyth — Judge Clark. May 2,. 1908. The plaintiff sold to the defendant two mules and took from him an instrument which, so far as is material to the case, is as follows: “By October 1, 1906, . . I promise to pay Robert. Mitchell, or order, $195. . -. This note . . being for the purchase-money for [described mules]. Title to above-described, property to remain in Robert Mitchell till this note is paid in full.
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Trover, from city court of Forsyth — Judge Clark. May 2,. 1908. The plaintiff sold to the defendant two mules and took from him an instrument which, so far as is material to the case, is as follows: “By October 1, 1906, . . I promise to pay Robert. Mitchell, or order, $195. . -. This note . . being for the purchase-money for [described mules]. Title to above-described, property to remain in Robert Mitchell till this note is paid in full. And Robert Mitchell reserves, and I grant him, the right to collect this note by foreclosure of mortgage or action of trover. The-death, loss, or injury of…
1Opinion of the CourtPowell, J.
We recognize that persons financially weak could' ofttimes buy property on credit more easily if sellers were always afforded a safe, speedy, and inexpensive remedy by which they could be sure that they would either get back the property or be ¡.>aid for it. We see the expediency of allowing the seller of personal property to contract that he shall hold a lien thereon as well as the title thereto, and that he shall have the choice of employing either or both of the remedies of mortgage foreclosure and trover. Therefore we have considered the question carefully, to see if we could not find…
2Cases cited8 opinions
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
- McLendon Bros. v. FinchCourt of Appeals of Georgia · 1907
- Glisson v. Heggie Bros.Supreme Court of Georgia · 1898
- Jones v. SniderSupreme Court of Georgia · 1896
- Rowe v. Sam Weichselbaum Co.Court of Appeals of Georgia · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kennedy v. ManryCourt of Appeals of Georgia · 1909
- Bacon v. HanesleyCourt of Appeals of Georgia · 1916
- Jordan v. JenkinsCourt of Appeals of Georgia · 1915
- Powers & Co. v. Georgia-Florida Grocery Co.Court of Appeals of Georgia · 1910
- Jackson v. ParksCourt of Appeals of Georgia · 1934
4 more not listed; retrieve them via the Exa API.