American Law Book Co. v. Brunswick Crosstie & Creosoting Co.
Cases that cite this one
11 later published cases cite this decision.
- Carina Mercury, Inc. v. Enrique Igaravides, Trustee (1st Cir. 1965)
- Stanley v. Ellis (Ga. Ct. App. 1948)
- Ivey's Inc. v. Southern Auto Stores (Ga. Ct. App. 1939)
- Evans Motors of Georgia Inc. v. Hearn (Ga. Ct. App. 1936)
- Commercial Credit Co. v. Jones Motor Co. (Ga. Ct. App. 1933)
- Skinner v. Stewart Plumbing Co. (Ga. Ct. App. 1930)
- Jones Motor Co. v. Finch Motor Co. (Ga. Ct. App. 1925)
- Bacon v. Hanesley (Ga. Ct. App. 1916)
- Phillips & Crew Co. v. Drake (Ga. Ct. App. 1913)
- Commercial Credit Co. v. Soto Cardona (Supreme Court of Puerto Rico 1930)
- Commercial Credit Co. v. Soto Cardona (Supreme Court of Puerto Rico 1930)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This case is controlled by the decision of the Supreme Court in Conder v. Holleman, 71 Ga. 93, and the decisions of this court in Taylor v. National Cash Register Co., 8 Ga. App. 288 (68 S. E. 1009), and Fountain v. Fountain, 7 Ga. App. 362 (66 S. E. 1020). Under these decisions, the c.ourt erred in holding that the judgment lien was superior to the reservation of title made by a vendor of property sold after the judgment was obtained. This is true .notwithstanding that the written contract of sale in which title was reserved was not attested in such a way as to be admissible to record. A judgment creditor whose lien antedates the contract of sale is not one of the “third parties” referred to by the law regarding conditional sales, as embodied in section 3318 of the Civil Code. See In re Atlanta News Publishing Co., 160 Fed. 519; Central Trust Co. v. Marietta & North Georgia R. Co., 48 Fed. 868 (1 C. C. A. 133). The decisions cited and relied upon by the defendant in error are, upon their facts, distinguishable from the decisions of the Supreme Court above cited. Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.