Doggett v. Exchange Bank
Supreme Court of Georgia
Foreclosure of mortgage. Before Judge Lumpkin. Fulton superior court. October 3, 1900. A mortgage of Mrs..Doggett to Simmons was dated May 23, 1894, and was security for a note of that date for $651.67 andinterest from date. The note and mortgage were transferred to the bank after maturity.
Read the full summary
Foreclosure of mortgage. Before Judge Lumpkin. Fulton superior court. October 3, 1900. A mortgage of Mrs..Doggett to Simmons was dated May 23, 1894, and was security for a note of that date for $651.67 andinterest from date. The note and mortgage were transferred to the bank after maturity. To a proceeding to foreclose the mortgage Mrs. Doggett filed a plea of total failure of consideration, alleging that Simmons had procured her signature to the papers by guaranteeing to recover for her, in a suit to be filed for her against .one Sims, $1,600 rents, and $300 damages. She prayed for dismissal…
1Opinion of the CourtLumpkin, P. J.
The nature of the controversy involved in this case and of the issues upon which it was tried in the court below is fully disclosed by the statement of facts appearing in the official report.
1. Complaint is made in the motion for a new trial that Mrs. Doggett, who was introduced as a witness in her own behalf, was not permitted to answer certain specific questions propounded to her with a view to eliciting testimony to the effect that she did not intend to give a mortgage for more than $400 and accrued interest; that she did not think the mortgage signed by her was for a greater amount; that…
2Cases cited1 opinion
- White v. Columbus Iron Works Co.Supreme Court of Georgia · 1901
3Cited by1 opinion
- Reid v. City of AtlantaCourt of Appeals of Georgia · 1929