Lavender v. Thomas
Supreme Court of Georgia
In Equity, in Houston Superior Court. Tried before Judge Powers, May Term, 1855. The bill alleges— 1. That, on the 17th Eeb. 1852, Wm.
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In Equity, in Houston Superior Court. Tried before Judge Powers, May Term, 1855. The bill alleges— 1. That, on the 17th Eeb. 1852, Wm. J. Thomas and John A. Lavender purchased, jointly, of Reuben H. Slappey and Littleberry Mulkey, five acres of land in the 8th district, a part of No. 92, except the right of way for rail road. 2. A steam mill was then in operation on the five acres; price $2,700 in cash; but taken by Slappey; a note held by Lavender, on A. B. Dulin due 1st Jan. 1853, for $1,500, •without any words of negotiability. 3. The note was endorsed by Thomas and Lavender, as guarantor,…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
[1.] This Court has in two cases decided that the Act of 1818, to prevent assignments to some creditors in preference to others, does not affect mortgages made to secure a just debt. (Lee and others vs. Brown and others, 7 Ga. R. 276. Davis and others vs. Anderson § Bro. 1 Kelly, 176.) To these decisions I give my assent; but it is not without much difficulty that I do so. There is certainly ambiguity in the .words of the Act.
The Act being interpreted by these decisions, it follows that the mere execution of the mortgage to Hindsman and Sergeant…
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- Grizzle v. GaddisSupreme Court of Georgia · 1885
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