Sutton v. Sutton
Supreme Court of Georgia
Mortgage from Bryan county. Decided by Judge Fleming, April Term, 1858. This was an application to foreclose a mortgage whiefe had been made of a tract of land by Ebenezer Sutton to Abner Sutton, for the better securing the payment of certains promissory notes.
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Mortgage from Bryan county. Decided by Judge Fleming, April Term, 1858. This was an application to foreclose a mortgage whiefe had been made of a tract of land by Ebenezer Sutton to Abner Sutton, for the better securing the payment of certains promissory notes. Upon the hearing of the application to render absolute the-rule nisi for foreclosure, which had been granted, the mortgagor made no objection, but one William Strickland prayed to be made a party defendant, and opposed the making of the rule absolute, on the following grounds: 1st. That this Court cannot grant the rule absolute,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
A rule nisi had been taken and duly served to foreclose a mortgage; one William Strickland by his counsel in-. *385tervened, on application to make the rule absolute, and. insisted that there were such discrepancies between the debt and the mortgage, and vagueness in the description of the land, that no foreclosure could be made. Other objections were interposed as to interlineations iii the mortgage deed, &c.
The Court granted the rule absolute, but took time to consider the questions made in the case. The mortgagor himself was present in Court,…
2Cited by7 opinions
- Hester v. GairdnerSupreme Court of Georgia · 1907
- Emerson v. KnightSupreme Court of Georgia · 1908
- Thompson v. Hall & LongSupreme Court of Georgia · 1881
- Skinner v. ElliottCourt of Appeals of Georgia · 1916
- Frederick v. LudwigSupreme Court of Oklahoma · 1925
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