Virginia-Carolina Chemical Co. v. Roberts

Court of Appeals of Georgia

Virginia-Carolina Chemical Co. v. Roberts

58 S.E. 502, 2 Ga. App. 375, 1907 Ga. App. LEXIS 373

CourtCourt of Appeals of Georgia

DecidedJuly 25, 1907

Docket138

StatusPublished

This text of 58 S.E. 502 (Virginia-Carolina Chemical Co. v. Roberts) 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

Virginia-Carolina Chemical Co. v. Roberts, 58 S.E. 502, 2 Ga. App. 375, 1907 Ga. App. LEXIS 373 (Ga. Ct. App. 1907).

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Opinion

Russell, J.

1. The assignment of error in the bill of exceptions is sufficiently specific. The motion to dismiss the writ of error is therefore overruled.

2. One who has unsuccessfully claimed title to property levied upon by an execution in favor of a third party is not thereby estopped from foreclosing a mortgage in his favor upon the property previously claimed by him and asserting the lien of such mortgage. Consequently there was no error in sustaining the certiorari in this ease.

Judgment affirmed.

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Russell, J.

1. The assignment of error in the bill of exceptions is sufficiently specific. The motion to dismiss the writ of error is therefore overruled.

2. One who has unsuccessfully claimed title to property levied upon by an execution in favor of a third party is not thereby estopped from foreclosing a mortgage in his favor upon the property previously claimed by him and asserting the lien of such mortgage. Consequently there was no error in sustaining the certiorari in this ease.

Judgment affirmed.

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Bluebook (online)

58 S.E. 502, 2 Ga. App. 375, 1907 Ga. App. LEXIS 373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virginia-carolina-chemical-co-v-roberts-gactapp-1907.