McRaney v. Perry

Court of Appeals of Georgia

McRaney v. Perry

72 S.E. 188, 9 Ga. App. 738, 1911 Ga. App. LEXIS 313

Court of Appeals of Georgia·Decided September 11, 1911·No. 3089·Published

Opinion

Rcjsselu, J.

1. It appears that the property levied on was prima facie subject to the mortgage fi. fa., it having been proved that the defendant in fi. fa. was in possession of the property at the time the mortgage was given; but as it also appears that the mortgage was not recorded, and that the claimant acquired the property from one who, for a valuable0 consideration, bought it from the mortgagor, without actual notice of the mortgage, the jury properly found the property not subject.

2. The charge of the court was free from error.

Judgment affirmed.

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Rcjsselu, J.

1. It appears that the property levied on was prima facie subject to the mortgage fi. fa., it having been proved that the defendant in fi. fa. was in possession of the property at the time the mortgage was given; but as it also appears that the mortgage was not recorded, and that the claimant acquired the property from one who, for a valuable0 consideration, bought it from the mortgagor, without actual notice of the mortgage, the jury properly found the property not subject.

2. The charge of the court was free from error.

Judgment affirmed.

McRaney v. Perry, 72 S.E. 188, 9 Ga. App. 738, 1911 Ga. App. LEXIS 313 (Ga. Ct. App. 1911).

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