Legal Opinion

Laster v. Stewart & Co.

Supreme Court of Georgia

Decided March 31, 1892PublishedCited by 4 opinions

Promissory note. Mortgage. Bona fide purchaser. Husband and -wife. Verdict. Before Judge Boynton. Henry superior court. April term, 1891. A mortgage on personalty from Mrs. Laster to Norman & Son was foreclosed by Stewart & Co. as transferees, and Mrs. Laster interposed her affidavit of illegality on the following grounds : (1) The mortgage was made to secure the payment of a debt already contracted and owing by her husband, J. P. Laster, to Norman & Son, and at the time the…

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Promissory note. Mortgage. Bona fide purchaser. Husband and -wife. Verdict. Before Judge Boynton. Henry superior court. April term, 1891. A mortgage on personalty from Mrs. Laster to Norman & Son was foreclosed by Stewart & Co. as transferees, and Mrs. Laster interposed her affidavit of illegality on the following grounds : (1) The mortgage was made to secure the payment of a debt already contracted and owing by her husband, J. P. Laster, to Norman & Son, and at the time the mortgage was given she did not owe the mortgagees anything whatever, and does not now owe anything upon the mortgage.…

1Opinion of the Court

Judgment affirmed.

A mortgage on personalty from Mrs. Laster to Norman & Son was foreclosed by Stewart & Co. as transferees, and Mrs. Laster interposed her affidavit of illegality on the following grounds : (1) The mortgage was made to secure the payment of a debt already contracted and owing by her husband, J. P. Laster, to Norman & Son, and at the time the mortgage was given she did not owe the mortgagees anything whatever, and does not now owe anything upon the mortgage. (2) At the time of the execution of the mortgage Norman & Son were to let her husband have $150, which amount was never…

2Cited by4 opinions

  1. Patterson & Co. v. PetersonCourt of Appeals of Georgia · 1915
  2. Linderman v. AtkinsSupreme Court of Georgia · 1915
  3. Southern Mutual Building & Loan Ass'n v. PerrySupreme Court of Georgia · 1898
  4. Clydesdale Bank v. Blackshear Manufacturing Co.Court of Appeals of Georgia · 1916

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