Davis v. Johnson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reversing trial court’s refusal to reinstate bank’s security interest after cancellation
• allowing a bank to be subrogated to its own rights, and noting that the intervening judgment creditor would not be prejudiced by the bank’s restoration to its priority rights since the bank’s senior security deed was still of record when the intervening judgment was recorded
• allowing a bank to be subrogated to its own rights, and noting that the intervening judgment creditor would not be prejudiced by the bank’s restoration to its priority rights since the bank’s senior security deed was still of record when the intervening judgment was recorded
• actual knowledge, as opposed to constructive knowledge, indicates an intent to give priority to an intervening lien
• “The senior secured party’s lack of diligence in failing to discover the existence of the intervening hen becomes material only where this has prejudiced the rights of the intervening lienor”

Source: CourtListener parenthetical corpus (CC0).

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

• East Boston Savings Bank v. Ogan
  Massachusetts Supreme Judicial Court· 1998-11-05· cited 53×
• Byers v. McGuire Properties, Inc.
  Supreme Court of Georgia· 2009-05-18· cited 36×
• First Commonwealth Bank v. Heller
  Superior Court of Pennsylvania· 2004-11-16· cited 22×
• Baxter v. Bayview Loan Servicing, LLC
  Court of Appeals of Georgia· 2009-12-11· cited 19×
• Bankers Trust Co. v. Hardy
  Supreme Court of Georgia· 2007-01-08· cited 17×
• Greer v. Provident Bank, Inc.
  Court of Appeals of Georgia· 2006-11-28· cited 14×
• Secured Equity Financial, LLC v. Washington Mutual Bank, F. A.
  Court of Appeals of Georgia· 2008-06-23· cited 12×
• Chase Manhattan Mortgage Corp. v. Shelton
  Supreme Court of Georgia· 2012-02-27· cited 12×
• Kim v. First Intercontinental Bank
  Court of Appeals of Georgia· 2014-03-21· cited 11×
• Stearns Bank, N.A. v. Rent-A-Tent, Inc.
  N.D. Georgia· 2012-02-17· cited 10×
• Bank of Danielsville v. Seagraves
  Court of Appeals of Georgia· 1983-05-18· cited 9×
• Hayes v. EMC Mortgage Corp.
  Court of Appeals of Georgia· 2009-03-18· cited 8×
• Citifinancial Services Inc. v. Varner
  Court of Appeals of Georgia· 2013-03-07· cited 8×
• Kerr v. Commercial Credit Group, Inc. (In Re Siskey Hauling Co.)
  N.D. Georgia· 2011-08-03· cited 7×
• Hicks v. Londre
  Colorado Court of Appeals· 2005-02-28· cited 7×
• Patel v. J.P. Morgan Chase Bank, N.A.
  Court of Appeals of Georgia· 2014-05-01· cited 7×
• Kim v. Lee
  Court of Appeals of Washington· 2000-09-18· cited 6×
• 915 Indian Trail, LLC v. State Bank & Trust Co.
  Court of Appeals of Georgia· 2014-07-03· cited 6×
• Rogers v. M & I Bank FSB (In Re Morgan)
  N.D. Georgia· 2010-04-09· cited 4×
• GMAC Mortgage, LLC v. Pharis
  Court of Appeals of Georgia· 2014-07-09· cited 4×

Cites

14 cases in this archive are cited by this case.

• Wilkins, Neely & Jones v. Gibson
  Supreme Court of Georgia· 1901-03-26· cited 124×
• Cornelia Bank v. First National Bank
  Supreme Court of Georgia· 1930-07-15· cited 33×
• Southern Railway Co. v. Overnite Transportation Co.
  Supreme Court of Georgia· 1967-11-22· cited 26×
• Merchants & Mechanics Bank v. Tillman
  Supreme Court of Georgia· 1898-11-25· cited 26×
• McCollum v. Lark
  Supreme Court of Georgia· 1938-11-17· cited 17×
• Burke v. Anderson
  Supreme Court of Georgia· 1869-12-15· cited 16×
• Farkas v. Third National Bank
  Supreme Court of Georgia· 1910-01-14· cited 16×
• Young v. Hirsch
  Supreme Court of Georgia· 1938-10-11· cited 8×
• Murray v. Johnson
  Supreme Court of Georgia· 1966-12-05· cited 7×
• W. L. Schautz Co. v. Duncan Hosiery Mills, Inc.
  Supreme Court of Georgia· 1963-03-07· cited 5×
• Flournoy Plumbing Co. v. Home Owners Loan Corp.
  Supreme Court of Georgia· 1935-11-16· cited 4×
• Parker v. Boyd
  Supreme Court of Georgia· 1952-03-12· cited 4×
• Iverson v. Wilburn
  Supreme Court of Georgia· 1880-02-15· cited 3×
• Eldridge v. Forman
  Supreme Court of Georgia· 1930-10-17· cited 3×