96 Ga. 246 | Ga. | 1895
To secure the payment of a debt to them, Palmer executed a mortgage to Ellis, Young & Co., by means of which he created a lien upon the premises in dispute in their favor for the amount of the debt. In the mortgage
1. The first question is, whether Ellis, Young & Co., being empowered to sell this property, could delegate that authority to some person other than themselves. We think that their actual physical presence at the sale was not essential to its validity. While the partnership, who were the mortgagees, occupied in a certain sense the position of a trustee with respect to this property, we do not think that, with respect to the mere conduct of the sale, the trust imposed Avas of such a special, personal character as that the sale could only be conducted by the mortgagees in person. The mere conduct of the sale is at best a purely ministerial act. It involves the exercise of none of those elements of discretion and
2. The next question which we come to consider is, whether or not the mortgagees, at their own sale, could legally purchase the moi’tgaged property, and, if not, to what extent a want of power in the mortgagees to purchase would affect the validity of the sale. There is considerable conflict of authority upon this question,
Let the judgment of the court below be Affirmed.