Actions for Georgia, Supreme Court, Macon : Neal et al v Kerrs and Hope, February 1848 [printed].

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Georgia, Supreme Court, Macon : Neal et al v Kerrs and Hope, February 1848 [printed].

Published
Georgia : Supreme Court, 1848.
Physical Description
1 online resource
Additional Creators
Adam Matthew Digital (Firm)
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Summary
Two mortgages taken out against the same slave where foreclosed on the same date. The slave was sold for [dollars] 890. Rule against the sheriff in the court below to pay over the proceeds of the sale. The Supreme Court was asked to rule which of the two had claim on the money arising from the sale of the slave. Jeptha George had given Kerrs and Hope notice of the prior mortgage to Neal. Kerrs and Hope had also been given other property besides the slave, Nelson, as security. Was the fact that Kerrs and Hope had foreclosed slightly earlier in the day material? It was held that the junior mortgagee, with notice of the prior lien, gained no preference by having his mortgage recorded. Lumpkin ruled that the court will take notice of all the equities which should bind the consciences of the applicants for the fund, and order it to be paid out accordingly.
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Reproduction Note
Electronic reproduction. Marlborough, Wiltshire : Adam Matthew Digital, 2007. Digitized from a copy held by the Georgia Archives.
Location of Originals
Georgia Archives
Copyright Note
Material sourced from the Georgia Archives
View MARC record | catkey: 41988566