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Wright v. State

Wright v. State, 71 S.E. 500 (Ga. Ct. App. 1911)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
June 7, 1911
Docket
No. 3387
Judges
Hill
Citations
71 S.E. 5009 Ga. App. 4421911 Ga. App. LEXIS 597
Summary
Accusation of selling mortgaged property; from city court of Jefferson — Judge Stark. January 6, 1911.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hill

Text extracted by OCR from a scanned original; check the original for exact wording.

Hill, C. J.

In order for a mortgagor’s sale of mortgaged property to be an offense, under section 720 of the Penal Code (1910), three essential facts must appear: (1) That the sale was made without the consent of the mortgagee; (2) that it was made with intent to defraud the mortgagee; and (3) that loss was thereby sustained by the holder ■ of the mortgage. Reece v. State, 5 Ga. App. 663 ( 63 S. E. 670 ), and cases there cited. The evidence in this ease is.not clear as to the first, essential stated; and it is shown that even if the sale of the property was made, it was made without any intent to defraud the mortgagee,, and that the mortgagee in fact sustained no loss thereby. Denney v. State, 2 Ga. App. 146 ( 58 S. E. 318 ). Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1913: 11936: 119132026peak 1913 · 1

Relies on it most ⓘ

  1. Davis v. State185 S.E. 400 (Ga. Ct. App. 1936)
  2. Thompson v. State76 S.E. 1072 (Ga. Ct. App. 1913)

Most recent

  1. Davis v. State185 S.E. 400 (Ga. Ct. App. 1936)
  2. Thompson v. State76 S.E. 1072 (Ga. Ct. App. 1913)

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.

Authorities cited 2

DepthCaseCited by
Reece v. State, 63 S.E. 670 (Ga. Ct. App. 1909) 5
Denney v. State, 58 S.E. 318 (Ga. Ct. App. 1907) 2

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