28 Ga. App. 422 | Ga. Ct. App. | 1922
1. “ The question of the sufficiency of description of property in a mortgage is one of law, for the court; that of the identity of the property mortgaged is one of fact, to be decided by the jury.” First Nat. Bank v. Spicer, 10 Ga. App. 503 (73 S. E. 753); Reynolds v. Jones, 7 Ga. App. 123, 125 (66 S. E. 395).
(a) A chattel mortgage, describing the" property covered as “64 head of stock and fattening hogs, immune from cholera, marked split in right ear, some with registered tags and some without,” is not void for want of a sufficient description. Beaty v. Sears, 132 Ga. 516 (1) (64 S. E. 321); Reynolds v. Tifton Guano Co., 20 Ga. App. 49, 50 (92 S. E. 389); First Nat. Bank v. Spicer, supra (1 a).
2. The sheriff’s entry of levy, reciting “ I have this day levied the within mortgage foreclosure on the within described property,” which was entered upon the mortgage execution, and which thus in effect described the property as that covered in the mortgage, coupled with his evidence of actual seizure or possession, was sufficient to show a valid levy.
3. In the trial of the instant claim the plaintiffs in fi. fa. specifically
4. The remaining grounds of the motion, so far as not covered by the preceding rulings, relate to matters not likely to recur in a subsequent trial, and need not be determined.
Judgment reversed.