Sheffield v. Dean

• Decision Date: 16 October 1926
• Docket Number: 17145.
• Citation: 135 S.E. 109,36 Ga.App. 56
• Parties: SHEFFIELD v. DEAN.
• Court: Georgia Court of Appeals

135 S.E. 109

36 Ga.App. 56

SHEFFIELD v. DEAN.

No. 17145.

Court of Appeals of Georgia, Second Division

October 16, 1926

Syllabus by the Court.

Where a bill of sale to secure a debt described the property as "30 head of horses now located at the residence of said B. S. Jones [the maker], in the twelfth district of Miller county, Georgia," the description was so vague and indefinite that the record of the instrument was, as a matter of law, insufficient to give constructive notice to a purchaser of a part of the property from one other than the maker. Nussbaum v. Waterman & Co., 9 Ga.App. 56 (3), 70 S.E. 259; Reynolds v. Tifton Co., 20 Ga.App. 49 (1), 92 S.E. 389; Ellis v. Lynch, 28 Ga.App. 529, 112 S.E. 151; Hicks v. Walker Co., 31 Ga.App. 395 (2), 120 S.E. 694; Nix. v. Citizens' Bank, 34 Ga.App. 546 (2), 130 S.E. 597.

The above ruling controls all the special grounds of the motion for new trial adversely to the plaintiff in error. The evidence authorized the verdict. The court did not err in overruling the motion for a new trial.

Error from City Court of Miller County; W. I. Geer, Judge.

Suit between E. M. Sheffield and Alice Dean. Judgment for the latter, and the former brings error. Affirmed.

N. L. Stapleton, of Colquitt, for plaintiff in error.

P. Z. Geer, of Colquitt, for defendant in error.

BELL, J.

Judgment affirmed.

JENKINS, P.J., and STEPHENS, J., concur.