Flagg & Fish v. Johnston

Decided June 15, 1869

Supreme Court of Georgia · decided 1869-06-15

<p>1. When a mortgage, made ‘to Thomas W. Willingham, his heirs and assigns, was transferred by Willingham, by written assignment, to John W. Johnston as administrator of Green D. Sharke, deceased, such assignment, if properly stamped, conveyed the mortgage to the estate, and it became assets in the hands of the administrator, and the proceedings to foreclose it, must be in the name of said Johnston, as administrator, and not in his individual character.</p>

Decided 1869-06-15

Brown, C. J.

¶1The transfer to Johnston, as administrator of Sharke, vested the mortgage debt in the estate, and not in Johnston, individually, and the proceeding to foreclose the mortgage, should have been in the name of Johnston, as administrator.

¶2It was said, in the argument, that the transfer of the mortgage was not stamped, as required by the Act of Congress, and it was insisted that it was void on that account. No such point appears to have been made or decided in the Court below.

¶3Judgment reversed.