Protestant Episcopal Church of Diocese v. Lowe Co.
Supreme Court of Georgia
Claim. Before Judge Pendleton. Eulton superior court:- December 18, 1907. A fi. fa., in favor of E. E. Lowe Company against Mrs. Lillie Greer and others was levied upon certain real estate in the city of Atlanta, and the Protestant Episcopal Church of the Diocese of Georgia filed a claim to the property.
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Claim. Before Judge Pendleton. Eulton superior court:- December 18, 1907. A fi. fa., in favor of E. E. Lowe Company against Mrs. Lillie Greer and others was levied upon certain real estate in the city of Atlanta, and the Protestant Episcopal Church of the Diocese of Georgia filed a claim to the property. In aid of its claim the claimant filed an equitable petition, in substance as follows: On November 10, 1906, Mrs. Julia K. Greer applied to petitioner’s agent for a loan of money to pay the purchase-money on the land upon which the levy was made, the purchase-money being due to Mrs. Mollie H.…
1Opinion of the Court
Evans,' P. J.
(After stating the facts.)
The court erred in striking the claimant’s equitable petition in aid of its claim. A purchase-money mortgage, executed with the deed of purchase, excludes any claim or lien arising through the mortgagor. It makes no difference that the purchase-money mortgage may be made to a third person who advances the purchase-money at the time the purchaser receives his conveyance. Such mortgage is en*669titled to the same preference. over a prior judgment as it would have had if it had been executed to the vendor himself, where it appears that all the acts of the…
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