Clark v. Bank of Thomasville

1. A waiver of homestead is void if embraced in a promissory note infected with usury. Prather v. Smith, 101 Ga. 283 (28 S. E. 857); Cleghorn v. Greeson, 77 Ga. 343; Hancock v. Bank of Tifton, 6 Ga. App. 678 (65 S. E. 784).

2. The decisions of the Supreme Court of Georgia are binding as precedents upon this court, and clear and definite rulings on questions of law must be recognized and followed. It was held by the Supreme - Court in Angler v. Smith, 101 Ga. 844 (28 S. R. 167), that “the defense of usury is good even against a bona fide holder for value of a negotiable promissory note, who…