Hosch v. Smith
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Atkinson, J.
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; and the case is not of that class of which the Supreme Court has jurisdiction, but is of the Mass of which the Court of Appeals has jurisdiction. Elmore v. Southern Bank & Trust Co., 150 Ga. 811 ( 105 S. E. 474 ).
Transferred to Court of Appeals...
All the Justices concur.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 3 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.