Hilton v. F. W. Sims & Co.
Supreme Court of Georgia
Appropriation of payments. Advances. Before Judge Schley. Screven Superior Court. May Term, 1871. F. W. Sims & Company brought complaint against James L. Hilton upon two promissory notes, one dated March 1st, 1869, due on or before December 1st, 1869, for the sum of $106.12, being for 2115 pounds of Peruvian guano; the other, dated March 27th, 1869, due on the first day of November next thereafter, for the sum of $2000, for value received.
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Appropriation of payments. Advances. Before Judge Schley. Screven Superior Court. May Term, 1871. F. W. Sims & Company brought complaint against James L. Hilton upon two promissory notes, one dated March 1st, 1869, due on or before December 1st, 1869, for the sum of $106.12, being for 2115 pounds of Peruvian guano; the other, dated March 27th, 1869, due on the first day of November next thereafter, for the sum of $2000, for value received. Plaintiff introduced these notes and closed. Defendant introduced a mortgage, bearing even date with the last of said notes, and executed for the purpose…
1Opinion of the Court
Montgomery, Judge.
Homestead having been waived by the mortgage which secured the collateral note, given in this case, it became, in the opinion of counsel for the plaintiff in error, important to show that the debt to secure which the collateral note had been given, was paid off by the proceeds of the cotton shipped by Hilton to F. ~W. Sims & Company, after the time had expired, to secure the advances, during which the note, and mortgage were given. Could this have been shown, then the application for homestead would have been relieved from the embarrassment of the waiver contained in the…
2Cited by5 opinions
- Kann v. KannSupreme Court of Pennsylvania · 1918
- Bank of Georgia v. CardCourt of Appeals of Georgia · 1951
- In re WilliamsDistrict Court, S.D. Georgia · 1903
- Kennedy v. DavisSupreme Court of Georgia · 1888
- Downey v. Spainhour Oil & Equipment Co.Court of Appeals of Georgia · 1961