Legal Opinion
Wilder Bros. v. Montgomery
Court of Appeals of Georgia
Decided May 8, 1935No. 24348PublishedCited by 4 opinions
1Opinion of the CourtSutton, J.
1. A mortgagor may interpose to the foreclosure of a chattel mortgage any defense which he could make in an ordinary suit on the demand secured by the mortgage. Civil Code (1910), §§ 3289, 3300 (Code of 1933, §§ 67-1004, 801).
2. After the plaintiff had instituted proceedings to foreclose a chattel mortgage on certain live stock to secure a debt of $500 due by the defendants to him, he met with them at the office of his attorney, and there a valuation of $100 was placed upon the live stock levied on under the mortgage fi. fa., and the plaintiff agreed with the defendants that if they would pay…
2Cases cited6 opinions
- Brunswick & Western Railway Co. v. ClemSupreme Court of Georgia · 1888
- Long v. ScanlanSupreme Court of Georgia · 1898
- Molyneaux v. CollierSupreme Court of Georgia · 1853
- Blalock v. JacksonSupreme Court of Georgia · 1894
- Stovall v. HairstonSupreme Court of Georgia · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Taylor v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1959
- Mortgage Purchase & Sales Co. v. WilliamsonCourt of Appeals of Georgia · 1936
- Lyle v. Mandeville MillsCourt of Appeals of Georgia · 1942
- Rural Electric Appliance Co. v. JoinerCourt of Appeals of Georgia · 1943