Pease v. Wagnon
Supreme Court of Georgia
Foreclosure of mortgage. Before Judge Bartlett. Houston superior court. April term, 1893. Defendant demurred to the rule nisi and moved to dismiss it, upon the grounds that it did not show by what authority the mortgage sought to be foreclosed was created by the trustee, nor did it show the trust estate was liable for the payment of the note which the mortgage was given to secure. Plaintiff amended his declaration, but the demurrer was sustained.
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Foreclosure of mortgage. Before Judge Bartlett. Houston superior court. April term, 1893. Defendant demurred to the rule nisi and moved to dismiss it, upon the grounds that it did not show by what authority the mortgage sought to be foreclosed was created by the trustee, nor did it show the trust estate was liable for the payment of the note which the mortgage was given to secure. Plaintiff amended his declaration, but the demurrer was sustained. The petition alleged that on February 4th, 1885, defendant, trustee for various persons named, made and delivered to Tallman a note for $1,000 and…
1Opinion of the Court
Bleckley, Chief Justice.
Although the petition and the rule nisi conformed to the general provisions of the code contained in' section 3962, prescribing the mode of foi’eclosing mortgages on real estate, yet as section 2335 declares that trastees are not authorized to create any lien upon the trust estate, except such as are given by law, and as the law, without some preliminary order granted by the proper judge of the superior court in the exercise of his equitable jurisdiction, does not enable any trustee to create a lien by mortgage, some amendment to the petition, as it originally stood,…
2Cases cited1 opinion
- Weems v. CokerSupreme Court of Georgia · 1883
3Cited by15 opinions
- Wagnon v. PeaseSupreme Court of Georgia · 1898
- Freeman v. PrendergastSupreme Court of Georgia · 1894
- Mize v. HarberSupreme Court of Georgia · 1940
- Mitchell v. TurnerSupreme Court of Georgia · 1903
- Parr v. StateCourt of Appeals of Georgia · 1968
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