77 Ga. 620 | Ga. | 1886
The plaintiffs, who were merchants residing in Cincinnati, sold to the defendant, carrying on business in Rome, Georgia, liquors, cigars, etc., on credit, to stock his barroom, and at the time of the sale, it was agreed between, them that he should execute and deliver to them a mortgage, not only on that stock of goods in bulk, but upon other goods purchased from time to time to keep it up, as well as upon bar-fixtures and furniture, and that Max Meyerhardt, Esq., a lawyer at Rome, should prepare and attend to the execution of the mortgage. Mr. Meyerhardt not only drew, but as a notary-public attested, the instrument, and thus attested, he caused it to be recorded on the proper book for the registry of conveyances in the county of Floyd, where the mortgagor resided. The plaintiffs paid the attorney for drawing and having the instrument executed. The various articles composing the fixtures and furniture of the bar were specifically described in the mortgage, but the stock was described generally as consisting of articles of a certain kind, without any specification as to quantity or quality or value; and all these fixtures,
(1st.) That this mortgage'was improperly .admitted to record on the attestation of Max Meyerhardt, as notary-public, because at that time he was acting as the attorney at law of the mortgagees.
(2d.) Because the mortgage does not sufficiently specify the property, the description being too vague and uncertain, and said property not being in the place or house where the mortgage declared it to be, nor owned nor possessed by Marable, the mortgagor, at that time. The matter being referred to Thomas W. Alexander, Esq., as au
But it seems to us that there could be, under the evidence, no doubt as to the identity of the chattels embraced
The view we have taken of these questions dispenses with the necessity, and perhaps with the propriety, of considering that made by the junior mortgagees on their application to change their position in relation to the case from that of defendants in error to plaintiff in error, they having taken no exceptions to the decisions of the court below, nor sued out any writ of error, nor in any manner joined with the other contesting creditor who brought the case to this court. It is sufficient, we think, that their counsel was heard in aid of the exception taken by the plaintiff in error; and deeming their right to the order asked wholly unnecessary, and thinking it doubtful whether we have authority to make it, we for that reason
Judgment affirmed.