Cagle v. Baldwin State Bank

1. An entry of service must be traversed at the first term after notice, and before pleading to the merits. In the present case the defendant appeared and pleaded to the merits at the first term, and did not file his traverse until a later term. The traverse was therefore too late, and tlie court did not err in striking it. Civil Code (1910), § 5566; Everett v. Holcomb, 1 Ga. App. 794 (3) (58 S. E. 287).

2. Assuming’, without deciding, that the deed made to secure the note sued on was void because of insufficient description of the land, the defendant maker could not upon this ground resist…