Garrett v. Fields

Court of Appeals of Georgia

Garrett v. Fields

95 S.E. 1014, 22 Ga. App. 381, 1918 Ga. App. LEXIS 349

CourtCourt of Appeals of Georgia

DecidedMay 17, 1918

Docket9066

StatusPublished

This text of 95 S.E. 1014 (Garrett v. Fields) 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

Garrett v. Fields, 95 S.E. 1014, 22 Ga. App. 381, 1918 Ga. App. LEXIS 349 (Ga. Ct. App. 1918).

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Opinion

Luke, J.

1. Property mortgaged may be sold under a general ■ judgment .

junior to the mortgage; and such a sale will be subject to the lien of the mortgage, unless the mortgagee shall place his mortgage fi. fa. in the hands of the officer making the sale, and request that the property be sold free and unencumbered from the lien of the mortgage, and claim the proceeds of the side, according to the date of his lien. Civil Code (1910), § 3274.

2. In this ease it is undisputed. that before and at the time of sale of the property the attorney for the mortgagee gave. all prospective and actual bidders upon the property, which was being sold under a junior general judgment, public notice that the property was being sold subject to the lien of a senior mortgage fi. fa. which he held. The purchaser at the sale acquired only the equity of ‘ redemption held by the defendant in the junior fi. fa.; and upon the trial of a claim interposed by the purchaser of the property, it was not error for the trial judge, who tried the case without a jury, to render judgment finding the property subject to the mortgage fi. fa.

Judgment affirmed.

Wade, 0. J.,'and Jenkins, J., concur.

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Luke, J.

1. Property mortgaged may be sold under a general ■ judgment .

junior to the mortgage; and such a sale will be subject to the lien of the mortgage, unless the mortgagee shall place his mortgage fi. fa. in the hands of the officer making the sale, and request that the property be sold free and unencumbered from the lien of the mortgage, and claim the proceeds of the side, according to the date of his lien. Civil Code (1910), § 3274.

2. In this ease it is undisputed. that before and at the time of sale of the property the attorney for the mortgagee gave. all prospective and actual bidders upon the property, which was being sold under a junior general judgment, public notice that the property was being sold subject to the lien of a senior mortgage fi. fa. which he held. The purchaser at the sale acquired only the equity of ‘ redemption held by the defendant in the junior fi. fa.; and upon the trial of a claim interposed by the purchaser of the property, it was not error for the trial judge, who tried the case without a jury, to render judgment finding the property subject to the mortgage fi. fa.

Judgment affirmed.

Wade, 0. J.,'and Jenkins, J., concur.

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Bluebook (online)

95 S.E. 1014, 22 Ga. App. 381, 1918 Ga. App. LEXIS 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrett-v-fields-gactapp-1918.