Toney v. Puckett

Court of Appeals of Georgia

Toney v. Puckett

89 S.E. 1102, 18 Ga. App. 514, 1916 Ga. App. LEXIS 1076

CourtCourt of Appeals of Georgia

DecidedJuly 29, 1916

Docket7270

StatusPublished

Cited by1 cases

This text of 89 S.E. 1102 (Toney v. Puckett) 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

Toney v. Puckett, 89 S.E. 1102, 18 Ga. App. 514, 1916 Ga. App. LEXIS 1076 (Ga. Ct. App. 1916).

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Opinion

Broyles, J.

1. When property on which there is a mortgage which has been foreclosed is levied on under other process, the holder of the mortgage has the option to place liis mortgage fi. fa. in the hands of the officer, cause the title unencumbered to be sold, and claim the proceeds, according to the date of his lien. Kirby v. Reese, 69 Ga. 452. In this case, while there was an issue of fact as to whether the property was sold free from the lien of the mortgage, the evidence was amply sufficient to warrant a finding that it was so sold. Accordingly, the funds arising from the sale were properly applied to first satisfy the mortgage debt.

2. There is no merit in any of the assignments of error, and the court did not err in overruling the motion for a new trial.

Judgment affirmed,.

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Broyles, J.

1. When property on which there is a mortgage which has been foreclosed is levied on under other process, the holder of the mortgage has the option to place liis mortgage fi. fa. in the hands of the officer, cause the title unencumbered to be sold, and claim the proceeds, according to the date of his lien. Kirby v. Reese, 69 Ga. 452. In this case, while there was an issue of fact as to whether the property was sold free from the lien of the mortgage, the evidence was amply sufficient to warrant a finding that it was so sold. Accordingly, the funds arising from the sale were properly applied to first satisfy the mortgage debt.

2. There is no merit in any of the assignments of error, and the court did not err in overruling the motion for a new trial.

Judgment affirmed,.

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Bluebook (online)

89 S.E. 1102, 18 Ga. App. 514, 1916 Ga. App. LEXIS 1076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toney-v-puckett-gactapp-1916.

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