FOURTH NATIONAL BANK &c. v. HOWELL

35907.

92 Ga. App. 868 (1955)

90 S.E.2d 78

FOURTH NATIONAL BANK OF COLUMBUS v. HOWELL, Sheriff, et al.

Court of Appeals of Georgia.

Rehearing Denied November 4, 1955.


Attorney(s) appearing for the Case

Foley, Chappell, Kelly & Champion, Kenneth M. Henson, for plaintiff in error.

E. F. Howell, Sheriff, Swift, Pease, Davidson & Champion, Hatcher, Smith & Stubbs, W. M. Page, contra.


GARDNER, P. J.

1. As to whether or not a notary public is disqualified as a witness to a bill of sale because he is a corporate officer, counsel for the plaintiff cite Barrow v. E. Tris Napier Co., 16 Ga.App. 309 (85 S. E. 267), wherein Judge Russell, speaking for the court, held that a secretary and treasurer of a corporation cannot render a mortgage properly executed when such officer witnesses the instrument as a notary public. The Supreme Court held...

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