Midville Fertilizer & Gin Co. v. Wade
This text of 118 S.E. 62 (Midville Fertilizer & Gin Co. v. Wade) 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.
Opinion
1. The defendant in fi. fa. was estopped, by reason of the recitals in the forthcoming bonds executed by him, from denying that the execution was levied upon the property described in the mortgage. See, in this connection, Civil Code (1910), § 5730; Smith v. Davis, 3 Ga. App. 419 (1) (60 S. E. 199); Farmers Alliance Warehouse Commission Co. v. McElhannon, 98 Ga. 394, 396 (25 S. E. 558); Mullis v. Kennedy, 143 Ga. 618, 620 (85 S. E. 845); Bushy v. Elliott, 22 Ga. App. 391 (2) (95 S. E. 1014).
2. Under the foregoing ruling, the court erred in refusing to strike the second ground of the affidavit of illegality, and the further proceedings in the case were nugatory.
Judgment reversed.
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Cite This Page — Counsel Stack
118 S.E. 62, 30 Ga. App. 337, 1923 Ga. App. LEXIS 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/midville-fertilizer-gin-co-v-wade-gactapp-1923.