McRaney v. Perry

Court of Appeals of Georgia

Decided September 11, 1911

Court of Appeals of Georgia · decided 1911-09-11

<p>Levy and claim; from city court of Newton- — Judge Johnson. November 28, 1910.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1911-09-11

How this case has been cited

Cited by 10 later decisions — most recently October 1964

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Rcjsselu, J.

¶11. It appears that the property levied on was prima facie subject to the mortgage fi. fa., it having been proved that the defendant in fi. fa. was in possession of the property at the time the mortgage was given; but as it also appears that the mortgage was not recorded, and that the claimant acquired the property from one who, for a valuable0 consideration, bought it from the mortgagor, without actual notice of the mortgage, the jury properly found the property not subject.

¶22. The charge of the court was free from error.

¶3Judgment affirmed.