Bruce v. Neal Bank
Supreme Court of Georgia
Mortgage foreclosure. Before Judge Whipple. W-ilcox superior court. The Neal Bank filed a petition against J. L. Bruce to foreclose a mortgage on land.
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Mortgage foreclosure. Before Judge Whipple. W-ilcox superior court. The Neal Bank filed a petition against J. L. Bruce to foreclose a mortgage on land. The debt secured was $1500, evidenced by a promissory note dated August 26, 1904-, payable January 21, 1905. The mortgage bore the same date, and created a lien on certain land for the purpose of securing the payment of the debt, and was duly recorded on the 19th day of November, 1904. The mortgage and note were attached together. The note was executed by J. L. Bruce, payable to L. M. Bruce, and the mortgage was between the same parties.…
1Opinion of the CourtAtkinson, J.
The assignments of error need not be treated separately. If it was erroneous to admit the indorsements without proof of execution, it was also erroneous to direct a verdict in favor of the plaintiff. The case calls for the construction and applicatiof certain provisions of the code. It is declared: “The holder of a note is presumed to be such bona fide, and for value; if either fact is negatived by proof, the defendants are let into all their defenses ; such presumption is negatived by proof of any fraud in the procurement of the note.” Civil Code, § 3696. Also: “The title of the holder of a…
2Cases cited2 opinions
- Beattie v. National BankIllinois Supreme Court · 1898
- Goddard v. Merchants BankThe Superior Court of New York City · 1848
3Cited by14 opinions
- Hancock v. Empire Cotton Oil Co.Court of Appeals of Georgia · 1915
- Carter v. HaralsonSupreme Court of Georgia · 1916
- Kreischer v. Bank of LouisvilleCourt of Appeals of Georgia · 1924
- Massell v. Fourth National BankCourt of Appeals of Georgia · 1928
- Edwards v. CampCourt of Appeals of Georgia · 1923
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