120 Ga. 382 | Ga. | 1904
The act approved December 21, 1899 (Acts 1899, p. 78), relating to the lien of mortgages on crops, given to secure the payment of money and other articles necessary to aid in making and gathering the same, is limited in its application. It says nothing about the priority of such a mortgage over bona fide purchasers, liens to secure ordinary debts, younger judgments, or as to its rank where there are several similar mortgages on the same crop. Nor does it say anything as to the necessity of recording, or as to the effect of a failure to record. The solitary provision is that such mortgages for supplies shall take priority over older judgments. Under the language of this statute, the mortgage given in July, 1903, was superior to a common-law fi. fa. entered on the general execution docket in April, 1899. The plaintiff in fi. fa., however, contends that the legislature in using the word mortgage meant thereby one that had the usual incidents, includ
There was a contention in the pleadings that the act of 1899 was unconstitutional in so far as it made such mortgages superior to judgments at the date of its approval. That point, however, was hot argued in the brief, and was in effect abandoned.
Judgment affirmed.