Wofford v. Gaines
Supreme Court of Georgia
Homestead. Novation. Promissory notes. Before Judge McCutchen. Bartow Superior Court. December Adjourned Term, 1873. An execution in favor of Susan Gaines against Wade H, Wofford, was levied upon certain realty which was claimed by Nancy S. Wofford.
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Homestead. Novation. Promissory notes. Before Judge McCutchen. Bartow Superior Court. December Adjourned Term, 1873. An execution in favor of Susan Gaines against Wade H, Wofford, was levied upon certain realty which was claimed by Nancy S. Wofford. Upon the trial of the issue thus formed the following facts appeared r In the year 1850, Wade H. Wofford purchased the land iu controversy from James Gaines, giving two negotiable notes therefor, each in the sum of $500 00. These notes were renewed at different times and payments made thereon, until the debt assumed the shape of one note in the…
1Opinion of the Court
McCay, Judge.
1. The common law idea of a novation, is when A is indebted to B, and B to 0, and by mutual agreement B is dropped out, and in consideration of this, A becomes debtor to C. In this way it was competent as it were to transfer a chose in action. This is the novation of the Code, section 2724 ; a new person is introduced to whom the obligation i¡3 due. In the case before us, the note was payable to the payee or bearer. It is admitted that if the renewal had been to the original payee, though a security was added, there would have been no such novation as made a new contract. But…
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