Burkhalter v. Wells

Decided July 15, 1855

Supreme Court of Georgia · decided 1855-07-15

Decided by Judge Worrell. This was a claim case. The levy was under a mortgage fi. fa. issued on a mortgage made, by > defendant in fi. fa. to William Wells and Burton W. Dowd, dated- 2d November, 1840, and oh which was entered, “ Recorded in book E, 2d February, 1841. B. W. Dowd, Clerk.” The claimants were purchasers under younger judgments. The whole issue in the case was, whether the mortgage was properly recorded, and within time.

Decided 1855-07-15

¶1By the Court.

Lumpkin, J.

¶2delivering tlio opinion.

¶3[1.] If Campbell and Williams are to be believed, and', no attempt is made to impeach their testimony, then a new trial should have been granted in this case, upon the ground, that the verdict of the Jury is strongly and decidedly against-the weight of evidence.