McRaney v. Perry

Court of Appeals of Georgia

McRaney v. Perry

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

CourtCourt of Appeals of Georgia

DecidedSeptember 11, 1911

Docket3089

StatusPublished

This text of 72 S.E. 188 (McRaney v. Perry) 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

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

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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.

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Bluebook (online)

72 S.E. 188, 9 Ga. App. 738, 1911 Ga. App. LEXIS 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcraney-v-perry-gactapp-1911.