McDougald v. Hall
Supreme Court of Georgia
Foreclosure of Mortgage. Objections thereto by a third person, not a party, overruled. From Muscogee Superior Co'urt. May Term, 1847. Judge Alexander presiding. Hai’vey Hall filed his petition for- foreclosure of a mortgage, made to him by Wheelock and Willard, of certain lots of land. A rule nisi was granted and duly served on the mortgagors; and, at the May Term, 1847, of the Court below, the said Hall moved that bis rule be made absolute.
Read the full summary
Foreclosure of Mortgage. Objections thereto by a third person, not a party, overruled. From Muscogee Superior Co'urt. May Term, 1847. Judge Alexander presiding. Hai’vey Hall filed his petition for- foreclosure of a mortgage, made to him by Wheelock and Willard, of certain lots of land. A rule nisi was granted and duly served on the mortgagors; and, at the May Term, 1847, of the Court below, the said Hall moved that bis rule be made absolute. This motion was resisted by Daniel McDougald, the plaintiff in error, who alleged his objections in writing, that he was himself the owner of a part of…
1Opinion of the Court
By the Court.
Warner, J.,
delivering the opinion.
The record in this case shows,- that Hall, the defendant in error, was proceeding to foreclose a mortgage against Wheelock and WiHat'd, in the Court below, and that Daniel McDougald, Who Was no party to the record or proceedings in that Court, filed objéc-1 tions, in writing, against the foreclosure of Hall’s mortgaged
Whether McDougald would have been entitled to have [l.| been made a party to the proceeding in the Court below, on a proper application for that purpose, it is not necessary for us now to determine. His application was not to be…
2Cited by3 opinions
- Brooke v. Lowry National BankSupreme Court of Georgia · 1914
- Martin v. Citizens BankSupreme Court of Georgia · 1933
- Hearn v. ClareSupreme Court of Georgia · 1908