Brown v. State

Court of Appeals of Georgia

Brown v. State

4 S.E.2d 676, 60 Ga. App. 646, 1939 Ga. App. LEXIS 127

CourtCourt of Appeals of Georgia

DecidedSeptember 22, 1939

Docket27825

StatusPublished

This text of 4 S.E.2d 676 (Brown v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. State, 4 S.E.2d 676, 60 Ga. App. 646, 1939 Ga. App. LEXIS 127 (Ga. Ct. App. 1939).

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Opinion

Broyles, C. J.

A mortgage on “forty bushels of corn,” without any further description whatsoever, does not sufficiently specify the property upon which it is to take effect. It follows that where an indictment (as in this case) charged that the accused executed to the prosecutor a mortgage on “forty bushels of corn,” to secure a specified debt, and thereafter, without the consent of the mortgagee, sold and disposed of “forty bushels of corn covered by and described in said mortgage,” with intent to defraud the mortgagee, etc., the demurrer on the ground of insufficiency of the description of the property alleged to have been mortgaged and sold was good, and the court erred in overruling it. See Hampton v. State, 124 Ga. 3 (52 S. E. 19); Ferguson v. McCowan, 124 Ga. 669 (52 S. E. 886); Atkins v. Paul, 67 Ga. 97 (3); Miller v. State, 18 Ga. App. 487 (89 S. E. 607). The error in overruling the demurrer rendered the further proceedings in the case nugatory.

Judgment reversed.

MacIntyre and Guerry, JJ., conowr.

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Broyles, C. J.

A mortgage on “forty bushels of corn,” without any further description whatsoever, does not sufficiently specify the property upon which it is to take effect. It follows that where an indictment (as in this case) charged that the accused executed to the prosecutor a mortgage on “forty bushels of corn,” to secure a specified debt, and thereafter, without the consent of the mortgagee, sold and disposed of “forty bushels of corn covered by and described in said mortgage,” with intent to defraud the mortgagee, etc., the demurrer on the ground of insufficiency of the description of the property alleged to have been mortgaged and sold was good, and the court erred in overruling it. See Hampton v. State, 124 Ga. 3 (52 S. E. 19); Ferguson v. McCowan, 124 Ga. 669 (52 S. E. 886); Atkins v. Paul, 67 Ga. 97 (3); Miller v. State, 18 Ga. App. 487 (89 S. E. 607). The error in overruling the demurrer rendered the further proceedings in the case nugatory.

Judgment reversed.

MacIntyre and Guerry, JJ., conowr.

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4 S.E.2d 676, 60 Ga. App. 646, 1939 Ga. App. LEXIS 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-state-gactapp-1939.

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