Effect on Prescription of Notice of Instrument Creating a Lien

Checkout our iOS App for a better way to browser and research.

Prescription shall not run against the owner or holder of a mortgage, a deed to secure debt, a bill of sale to secure debt, or any other instrument creating a lien on or conveying an interest in real or personal property as security for debt in favor of a person who has actual or constructive notice of such instrument.

(Ga. L. 1937, p. 755, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Adverse Possession, §§ 12, 13, 15, 112 et seq., 169, 224 et seq. 264, 301.

C.J.S.

- 2 C.J.S., Adverse Possession, § 208. 59 C.J.S., Mortgages, §§ 255, 695.

ALR.

- Adverse possession by stranger as against mortgagee, 136 A.L.R. 782.

Adverse possession: mortgagee's possession before foreclosure as barring right of redemption, 7 A.L.R.2d 1131.


Download our app to see the most-to-date content.