Horkan v. Eason

Court of Appeals of Georgia

Horkan v. Eason

73 S.E. 352, 10 Ga. App. 236, 1912 Ga. App. LEXIS 441

CourtCourt of Appeals of Georgia

DecidedJanuary 15, 1912

Docket3200

StatusPublished

This text of 73 S.E. 352 (Horkan v. Eason) 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

Horkan v. Eason, 73 S.E. 352, 10 Ga. App. 236, 1912 Ga. App. LEXIS 441 (Ga. Ct. App. 1912).

Pincite

Opinion

Hill, C. J.

1. Where the seller of personal property takes from the purchaser a purchase-money mortgage on it, which is duly recorded, and subsequently the purchaser, without having paid the mortgage, is adjudged a bankrupt, and his trustee in bankruptcy seizes and sells the mortgaged property, held, that the purchaser at the bankruptcy sale takes the property subject to the purchase-money mortgage, unless the [237]*237bankruptcy court, after hearing, on due notice, ordered a sale of the property divested of liens.

Decided January 15, 1912.

Trover; from city court of Tifton — Judge E. Eve.

February 4, 1911. Shipp & Kline, L. L. Moore, for plaintiff. R. D. Smith, for defendant.

2. Mere irregularities do not expose an execution sale to collateral attack.

3. Under the agreed statement of facts, the court properly found in favor of the defendant. Judgment affirmed.

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Hill, C. J.

1. Where the seller of personal property takes from the purchaser a purchase-money mortgage on it, which is duly recorded, and subsequently the purchaser, without having paid the mortgage, is adjudged a bankrupt, and his trustee in bankruptcy seizes and sells the mortgaged property, held, that the purchaser at the bankruptcy sale takes the property subject to the purchase-money mortgage, unless the [237]*237bankruptcy court, after hearing, on due notice, ordered a sale of the property divested of liens.

Decided January 15, 1912.

Trover; from city court of Tifton — Judge E. Eve.

February 4, 1911. Shipp & Kline, L. L. Moore, for plaintiff. R. D. Smith, for defendant.

2. Mere irregularities do not expose an execution sale to collateral attack.

3. Under the agreed statement of facts, the court properly found in favor of the defendant. Judgment affirmed.

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Bluebook (online)

73 S.E. 352, 10 Ga. App. 236, 1912 Ga. App. LEXIS 441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horkan-v-eason-gactapp-1912.