Willingham & Cone v. Huguenin
Supreme Court of Georgia
Equitable petition. Before Judge Felton. Bibb superior court.. December 17, 1906. Huguenin filed his equitable petition against Elliott, a resident of Calais, Maine, and Willingham & Cone, a partnership doing a real estate business in Bibb county, Georgia, containing substantially the following allegations: On June 11, 1904, petitioner, being the owner of certain described real estate in the city of Macon, ■entered into a trade with Elliott, in which he sold to Elliott…
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Equitable petition. Before Judge Felton. Bibb superior court.. December 17, 1906. Huguenin filed his equitable petition against Elliott, a resident of Calais, Maine, and Willingham & Cone, a partnership doing a real estate business in Bibb county, Georgia, containing substantially the following allegations: On June 11, 1904, petitioner, being the owner of certain described real estate in the city of Macon, ■entered into a trade with Elliott, in which he sold to Elliott this-real estate, making him a deed thereto, the consideration of which was the assumption by Elliott of a mortgage thereon…
1Opinion of the CourtEvans, P. J.
(After stating the facts.)
' 1. When the statutory remedy of foreclosing a mortgage on realty is inadequate, the mortgage may be foreclosed in equity. May v. Rawson, 21 Ga. 461. The petition presents at least two . features calling for an equitable foreclosure. The first concerns matters between the mortgagor and mortgagee. The mortgagor-*840is a non-resident and insolvent; the taxes on the property have not been paid; the mortgagee has defaulted in the payment of the interest on the incumbrance which he contracted to pay; the mortgagor refuses to repair the roof, and has permitted the building to…
2Cases cited3 opinions
- Conley v. BuckSupreme Court of Georgia · 1897
- Smith v. BowneSupreme Court of Georgia · 1878
- May & Stokes v. RawsonSupreme Court of Georgia · 1857
3Cited by10 opinions
- Irons v. American National BankSupreme Court of Georgia · 1933
- Strickland v. Lowry National BankSupreme Court of Georgia · 1913
- Cook v. Securities Investment Co.Supreme Court of Georgia · 1937
- Cook v. Georgia Fertilizer & Oil Co.Supreme Court of Georgia · 1922
- Kidd v. KiddSupreme Court of Georgia · 1924
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