Flagg & Fish v. Johnston

Supreme Court of Georgia

Flagg & Fish v. Johnston

39 Ga. 26

DecidedJune 15, 1869

StatusPublished

This text of 39 Ga. 26 (Flagg & Fish v. Johnston) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Flagg & Fish v. Johnston, 39 Ga. 26 (Ga. 1869).

Pincite

Opinion

Brown, C. J.

The transfer to Johnston, as administrator of Sharke, vested the mortgage debt in the estate, and not in Johnston, individually, and the proceeding to foreclose the mortgage, should have been in the name of Johnston, as administrator.

It was said, in the argument, that the transfer of the mortgage was not stamped, as required by the Act of Congress, and it was insisted that it was void on that account. No such point appears to have been made or decided in the Court below.

Judgment reversed.

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Brown, C. J.

The transfer to Johnston, as administrator of Sharke, vested the mortgage debt in the estate, and not in Johnston, individually, and the proceeding to foreclose the mortgage, should have been in the name of Johnston, as administrator.

It was said, in the argument, that the transfer of the mortgage was not stamped, as required by the Act of Congress, and it was insisted that it was void on that account. No such point appears to have been made or decided in the Court below.

Judgment reversed.

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Bluebook (online)

39 Ga. 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flagg-fish-v-johnston-ga-1869.