Touchstone Live Stock Co. v. Easters

• Decision Date: 28 February 1931
• Docket Number: 7868.
• Parties: TOUCHSTONE LIVE STOCK CO. v. EASTERS.
• Court: Georgia Supreme Court

157 S.E. 683

172 Ga. 454

TOUCHSTONE LIVE STOCK CO. v. EASTERS.

No. 7868.

Supreme Court of Georgia

February 28, 1931

Syllabus by Editorial Staff.

Clerk of superior court is not restricted to keeping one book for filing deeds and mortgages (Civ. Code 1910, § 3320).

Acts 1889, p. 106, § 1, Civ. Code 1910, § 3320, declared that deeds, mortgages, and liens required to be recorded in office of clerk of superior court of county shall, as against interests of third parties acting in good faith, and without notice, who may have acquired transfer or lien binding property, take effect only from time they are filed for record in clerk's office, and that clerk is required to keep docket for such filing, showing day and hour thereof.

If clerk keeps separate books for filing mortgages relating to realty and relating to personalty, both books constitute "docket" required by statute (Civ. Code 1910, § 3320).

Filing of instrument retaining title to personalty sold and also creating mortgage on realty, made in either book relating to realty or book relating to personalty, is sufficient (Civ Code 1910, § 3320).

Record of instrument retaining title to personalty and creating mortgage on realty in book relating to personalty was sufficient notice to subsequent purchaser of realty, though not entered in realty book (Civ. Code 1910, § 3320).

Lien of mortgage is effective against subsequent purchasers from mortgagor, from date of filing (Civ. Code 1910, § 3320).

Error from Superior Court, Berrien County; W. R. Smith, Judge.

Execution by the Touchstone Live Stock Company against Mrs. Servilla Alexander, in which P. G. Easters interposed a statutory claim. Judgment for claimant, and plaintiff brings error.

Reversed.

RUSSELL C.J., and HINES, J., dissenting.

Smith & Ferguson, of Tifton, for plaintiff in error.

A. D. Tucker and E. R. Smith, both of Nashville, for defendant in error.

Syllabus OPINION.

ATKINSON J.

1. Section 1 of the act of 1889 (Ga. Laws 1889, p. 106) as embodied in the Civil Code, § 3320, declares: "Deeds, mortgages, and liens of all kinds, which are now required by law to be recorded in the office of the Clerk of the Superior Court of each county within a specified time, shall, as against the interests of third parties acting in good faith, and without notice, who may have acquired a transfer or lien binding the same property, take effect only from the time they are filed for record in the Clerk's office. And the said Clerk is required to keep a docket for such filing showing the day and hour thereof, which docket shall be open for examination and inspection as other records of his office." Held:

(a) This law does not restrict the clerk of the court to the keeping of only one book in which to make the

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