Hackenhull v. Westbrook
Supreme Court of Georgia
Mortgage. Jurisdiction. Claim. Practice in the Superior Court. Before Judge Knight. Forsyth Superior Court. April Term, 1873. Robert M. Barrett executed a mortgage to John Hackenhull on two lots of land lying in Forsyth county, and on one lot in Dawson county. The mortgage was recorded and foreclosed in the latter county. The execution based on said foreclosure was levied on the two lots situated in Forsyth county.
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Mortgage. Jurisdiction. Claim. Practice in the Superior Court. Before Judge Knight. Forsyth Superior Court. April Term, 1873. Robert M. Barrett executed a mortgage to John Hackenhull on two lots of land lying in Forsyth county, and on one lot in Dawson county. The mortgage was recorded and foreclosed in the latter county. The execution based on said foreclosure was levied on the two lots situated in Forsyth county. To this property a claim was interposed by John R. West-brook. Upon the trial of the issue thus formed, the court, on motion of counsel for claimant, excluded the mortgage/. fa.…
1Opinion of the Court
Trippe, Judge.
1. The court below committed no error in holding that a mortgage on land must be foreclosed in the county where the land lies. This was the provision of the act of 1799, Cobb Digest 570, and is transferred to the Code, section 3962. This being so, the claimant in this case had the right to object to the mortgage fi. fa. issued from the superior court of Dawsou county and to the proceeding to foreclose in that county, when the land claimed was situate in the county of Forsyth. If the judgment or record showed that the court rendering the judgment did not have jurisdiction of the…
2Cited by5 opinions
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