Legal Opinion

Maddox v. Gormley

Court of Appeals of Georgia

Decided September 29, 1934No. 23402Published

1Opinion of the CourtGuerry, J.

Irrespective of wbetber a wife is or is not jointly liable with her husband on a note secured by a deed to secure debt, *681the wife, after advertisement by the grantee under the power of sale, of the property described, will be bound by a contract, made by her in consideration of a postponement of the sale, to pay the grantee costs incurred by him in the prosecution of the foreclosure, for the reason that there is a detriment suffered by the grantor, to wit, the withdrawal and postponement of the foreclosure and the extension of time, which is sufficient to furnish a consideration for such a…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Jones v. HarrellSupreme Court of Georgia · 1900
  2. Garrett v. ThorntonSupreme Court of Georgia · 1924
  3. Palmer, Stuart & Co. v. SmithSupreme Court of Georgia · 1891
  4. Wingfield v. RheaSupreme Court of Georgia · 1884
  5. Thornton v. Lemon, McMillan & Co.Supreme Court of Georgia · 1901

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