Legal Opinion

Allen v. Elder & Son

Supreme Court of Georgia

Decided April 20, 1886PublishedCited by 11 opinions

Estates. Mortgages. Sealed Instruments. Equity. Before Judge Hammond. Butts Superior Court. September Term, 1885. Reported in the decision.

1Opinion of the Court

Hall, Justice.

The complainant exhibited her bill on the equity side of the court, praying the reformation of a mortgage, which she alleged was defectively executed, in that it had no scroll attached to the signature of the mortgagors, although it was stated on its face that it was “ sealed,” as well as “ signed and delivered;” that it was her intention, as well, as that of the mortgagors, to make the instrument a good,, valid and legal mortgage, and that they failed in so doing: in consequence of a mutual mistake of the law upon the' subject; she further prayed that, when so reformed and!…

2Cases cited2 opinions

  1. Clay v. BanksSupreme Court of Georgia · 1884
  2. Williams v. GreerSupreme Court of Georgia · 1853

3Cited by11 opinions

  1. Farrell v. Forest Investment Co.Supreme Court of Florida · 1917
  2. Winn & Lovett Grocery Co. v. Saffold Brothers Produce Co.Supreme Court of Florida · 1935
  3. Kidd v. FinchSupreme Court of Georgia · 1939
  4. State v. LorenzWashington Supreme Court · 1900
  5. Henkleman v. PetersonIllinois Supreme Court · 1895

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