Legal Opinion

Moore v. Martin

Supreme Court of Georgia

Decided January 15, 1877PublishedCited by 3 opinions

Liens. Foreclosure. Pleadings. Before Judge Craweokd. Terrell Superior Court. November Term, 1876. These two cases were argued together. They are reported in the opinion.

1Opinion of the Court

Jackson, Judge.

1. In this case the defendant demurred to the affidavit of foreclosure, on the ground that there was no express aver*412ment that the prosecution of the lien began in one year after the debt fell due. The affidavit did state distinctly that the debt was contracted on the 27th of February, 1874, for fertilizers for the year 1874, and that the debt fell due on the 1st of November, 1874, and this affidavit was made before Judge Iliddoo on the 25th of November, 1874. The court below sustained the demurrer, and dismissed the case. We think that the court was wrong. The figures show…

2Cases cited2 opinions

  1. Anderson v. BeardSupreme Court of Georgia · 1875
  2. Butts v. CuthbertsonSupreme Court of Georgia · 1849

3Cited by3 opinions

  1. Sheffield v. WhitfieldCourt of Appeals of Georgia · 1909
  2. Vandalsem v. CaldwellCourt of Appeals of Georgia · 1924
  3. Home Mart Building Centers, Inc. v. JonesCourt of Appeals of Georgia · 1975

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