31 Ga. App. 91 | Ga. Ct. App. | 1923
The Supreme Court in transferring this case to this coui-t held: “This is a contest on a money rule, and involves competition between a mortgage fi. fa. based on the judgment of foreclosure of an unrecorded mortgage, and an execution based upon a judgment in attachment, the attachment having been levied after commencement of the suit to foreclose the mortgage and prior to the judgment absolute rendered in that case. Under the pleadings and the evidence no facts were involved which would entitle either party to equitable relief. The remedy is purely statutory.” Hosch v. Smith, 154 Ga. 789 (115 S. E. 646), citing Elmore v. So. Bk. & Trust Co., 150 Ga. 811 (105 S. E. 574). Thus, applying the established doctrine under the statutes, that “a junior lien
Judgment reversed.
