Glass v. Austin
Court of Appeals of Georgia
Mortgage foreclosure; from city court of Miller county — Judge Geer. September 12, 1921.
1Opinion of the CourtBloodworth, J.
1. “ The giving of a bond is a condition precedent to the return of the papers to court for trial, where an affidavit of illegality is tendered to the execution issued on the foreclosure of a chattel mortgage, and if the bond be not conditioned substantially as the statute requires, the papers ought not to be returned to court and the sale suspended.” Brantley v. Baker, 75 Ga. 676 (1).
2. The statute provides that when such an affidavit of illegality is filed by the mortgagor, the bond shall be “ conditioned for the return of the property when called for by the levying officer,” and “ shall be…
2Cases cited5 opinions
- Lytle v. DeVaughnSupreme Court of Georgia · 1888
- Gelders v. MathewsCourt of Appeals of Georgia · 1909
- Brantley v. BakerSupreme Court of Georgia · 1886
- Fountain v. Napier Bros.Supreme Court of Georgia · 1899
- Hayes v. Savannah Chemical Co.Court of Appeals of Georgia · 1915
3Cited by6 opinions
- Dawson v. Planters BankCourt of Appeals of Georgia · 1924
- Bridges v. MeltonCourt of Appeals of Georgia · 1925
- General Motors Acceptance Corp. v. AllenCourt of Appeals of Georgia · 1939
- Cox v. TaylorCourt of Appeals of Georgia · 1938
- Fong v. General Motors Acceptance Corp.Court of Appeals of Georgia · 1966
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