Holliday v. Lowry Banking Co.
Supreme Court of Georgia
Equitable petition. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1893. A fund produced by sale of the property of the Atlanta Piano Company (formerly the Atlanta Pianoforte Manufacturing- Company) was the subject of contest, for priority of payment, between the Lowry Banking Company as trustee, and Mrs. P. E. Holliday, and others.
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Equitable petition. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1893. A fund produced by sale of the property of the Atlanta Piano Company (formerly the Atlanta Pianoforte Manufacturing- Company) was the subject of contest, for priority of payment, between the Lowry Banking Company as trustee, and Mrs. P. E. Holliday, and others. The first question in the case arises upon the ruling of the court that the instrument now to be described was a mortgage and not a deed, and that its lien upon the fund was not destroyed by usury. The instrument recites that the board of…
1Opinion of the Court
Lumpkin, Justice.
1. It often happens that courts are compelled to decide questions concerning which it is impossible to arrive at a. perfectly satisfactory conclusion, and this fact occasions reviewing courts, whose judgments are final, much difficulty and embarrassment. The case before us is an instance of this kind. We have devoted to it much thought and deliberation, and have anxiously endeavored to correctly determine the question whether the instrument executed and delivered by the Atlanta Pianoforte Company to the Lowry Banking Company passed to the latter a title to the property…
2Cases cited3 opinions
- Brice v. LaneSupreme Court of Georgia · 1892
- Cameron v. PhillipsSupreme Court of Georgia · 1878
- Hodge v. BrownSupreme Court of Georgia · 1888
3Cited by4 opinions
- Ward v. LordSupreme Court of Georgia · 1897
- Pirkle v. Equitable Mortgage Co.Supreme Court of Georgia · 1896
- Croom v. JordanCourt of Appeals of Georgia · 1917
- Jackson v. ParksCourt of Appeals of Georgia · 1934