Andrews v. Mathews
Supreme Court of Georgia
Judgments. Mortgages. Liens. Before Judge Crawford. Talbot Superior Court. March Term, 1877. The following, taken in connection with the opinion, sufficiently reports this case: A fi. fa. in favor of Andrews against one Ragland, founded on the foreclosure of a mortgage, was levied on certain land, which was claimed by Mathews et al. They claimed as purchasers at a sheriff’s sale made under a common law judgment against Ragland.
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Judgments. Mortgages. Liens. Before Judge Crawford. Talbot Superior Court. March Term, 1877. The following, taken in connection with the opinion, sufficiently reports this case: A fi. fa. in favor of Andrews against one Ragland, founded on the foreclosure of a mortgage, was levied on certain land, which was claimed by Mathews et al. They claimed as purchasers at a sheriff’s sale made under a common law judgment against Ragland. The mortgage was older than the judgment, but younger than the debt on which.it was founded. The mortgage was defectively probated, but both plaintiff in the common…
1Opinion of the Court
Jackson, Judge.
This was a claim case. Andrews levied a mortgage fi.fa. upon a tract of land. It was claimed by Mathews and Gibson, who bought it at sheriff’s sale under a common law judgment- fi. fa. The mortgage .was older than the judgment, but younger than the debt on which the . judgment was obtained. It was improperly recorded — no justice of the peace or other officer attesting it, and no proper probate having been made to admit it to record; but both the judgment creditor and the purchasers at the sheriff sale — the claimants here — had actual notice of the mortgage. Indeed, it was in…
2Cases cited3 opinions
- Shepherd v. BurkhalterSupreme Court of Georgia · 1853
- Camp v. StateSupreme Court of Georgia · 1858
- Neal v. Kerrs & HopeSupreme Court of Georgia · 1848
3Cited by8 opinions
- Southern Iron & Equipment Co. v. VoylesSupreme Court of Georgia · 1912
- Cottrell & Sons v. Merchants & Mechanics BankSupreme Court of Georgia · 1892
- Saunders v. Citizens First National BankSupreme Court of Georgia · 1927
- Phillips & Co. v. RoquemoreSupreme Court of Georgia · 1895
- New England Mortgage Security Co. v. Ober & Son Co.Supreme Court of Georgia · 1890
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