Georgia Reports Volume 69

Georgia Reports Volume 69

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...and wife, here in this case, are-not parties, they never redeemed the land so as to make their homestead good against anybody; they let it go to sale, the bank bought it free from all homestead right of theirs, and the question here is narrowed to this: did the bank get a title free from the lien of the Kirbys' mortgage of I7I, which was upon it when it bought it in I874? and is the verdict right which found it not subject to the older mortgage lien? It is quite certain that the mortgagees, the Kirbys, were not obliged to claim the money, or rather to look to it for their debt, their mortgage being foreclosed, but it was for them to do so or not as they pleased. The lan _, al I: Dychc guage of the statute on the subject uses the word "may" not "must " or " shall." Code, I967. So that the fact that the mortgage was foreclosed made no difference in respect to its lien in this case. What did the bank sell? It had reconveyed the title to Lovett, and it sold and bought and conveyed to the claimant all L0vett's title------the entire fee----subject only to such encumbrance as was upon it when the bank bought it in X874. That encumbrance was this mortgage executed to the Kirbys in 1871. If it was not sold at the sheriff's sale free from encumbrance, it must be liable to that lien, and the verdict should have subjected it to that lien. The only case in the way of this conclusion is seemingly the case in 63 Ga., 296, 'Moore 21: . Frost at al. But that was a contest for the proceeds of the sale of a homestead between a junior judgment creditor, who held alien upon the homestead, and a senior judgment creditor who had none. It was held that as the junior could levy on and sell the land, and the senior more

Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • United States
  • English
  • black & white illustrations
  • 1236804937
  • 9781236804938