Walters v. Comer & Co.
Supreme Court of Georgia
Cotton Futures. Contracts. Brokers. Promissory Notes. Mortgages. Verdict. Before Judge Bower. Dougherty Superior Court. April Term, 1887. Reported in the decision.
1Opinion of the Court
Simmons, Justice.
Comer & Co. applied for a rule nisi to foreclose a mortgage against J. W. Walters, wherein they alleged that Walters was indebted to them in the sum of $1,403, with interest and counsel fees. A rule nisi was thereupon issued by the court, calling on Walters to show cause by the next term of the court why the rule should not be made absolute. Walters filed a special plea, wherein he alleged that, except as to $228.89, the mortgage and the note the mortgage was given to secure, the foundation of the plaintiff’s action, are illegal and void in this, to-wit: That the same were…
2Cases cited1 opinion
- National Bank v. CunninghamSupreme Court of Georgia · 1886
3Cited by9 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Singleton v. Bank of MonticelloSupreme Court of Georgia · 1901
- Alexander v. StateSupreme Court of Georgia · 1890
- Moss v. Exchange Bank of MaconSupreme Court of Georgia · 1898
- Lawton v. BlitchSupreme Court of Georgia · 1889
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