94 Ga. 685 | Ga. | 1894
Williford and Matthews gave a joint note to a bank. Williford executed to Matthews a mortgage on all his ■stock of goods to indemnify him against loss from having signed the note as surety. Matthews foreclosed the mortgage, alleging that since the note fell due he had, fully paid it to the bank, that Williford failed to pay it and was
The coui’t ruled that the mortgage had no lien on the fund, and could not participate in the distribution. Flannagan excepted.