78 Ga. 464 | Ga. | 1887
One Wilcoxon being indebted to Kaigler & Walker, of the State of Alabama, executed to them two mortgages upon certain mules and a wagon, and in the same instrument gave them liens upon his growing crops. The first of these mortgages was made in January, 1884, and was given to secure a debt falling due on the 1st of October of that year. The second was made in February, 1885, and was upon personal property, and contained a lien upon the growing crops of that year to secure a debt falling due on the 1st of October, 1885. Each of these mortgages contained a power of sale. They were regularly proved and admitted to record in Henry county, Alabama, where' the mortgagor and mortgagees lived. In the latter part of October, 1885, Wilcoxon, with the wagon and a portion of the live-stock included in both of the mortgages, crossed the river and went to Fort Gaines, in the county of Clay, in the State of Georgia. While his team was hitched in the rear of the store of Peterson, he procured an attachment to be issued, and had it levied by the sheriff of Clay county, Georgia, upon the wagon and team, which were claimed by Kaigler & Walker, the mortgagees, residing in the State of Alabama.
Two questions are made in this case: (1) whether these mortgages conveyed title to the property by the laws of Alabama; (2) whether the party, where the mortgaged property came into the State of Georgia, was bound to have it recorded, in order to defeat the lien created by the levy of the attachment. The court charged the jury that “a mortgage conveys title in the State of Alabama; and if the jury are satisfied from the evidence that the defendant in attachment, Wm. Wilcoxon, before that attachment was
Judgment affirmed.