Morgan v. Morgan
Supreme Court of Georgia
In Equity, in Monroe Superior Court. Tried before Judge Stark, March Term, 1851. William Morgan, the complainant’s' intestate, on the 23d day of January, 1828, executed to James B. Morgan, defendant’s testator, a mortgage on a negro woman, Mary, and her two children, to indemnify him, as his security to one Edwards, for a debt due 25th December, 1828. The negroes, soon after the execution of the mortgage, w.ent • into the possession of the mortgagee, where they remained…
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In Equity, in Monroe Superior Court. Tried before Judge Stark, March Term, 1851. William Morgan, the complainant’s' intestate, on the 23d day of January, 1828, executed to James B. Morgan, defendant’s testator, a mortgage on a negro woman, Mary, and her two children, to indemnify him, as his security to one Edwards, for a debt due 25th December, 1828. The negroes, soon after the execution of the mortgage, w.ent • into the possession of the mortgagee, where they remained until his death, in May, 1844, By his will, which was admitted to probate in June, 1844, he bequeathed the negroes to his…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] From the analogy between the right of a mortgagor to *300redeem in Equity, and a right of entry at Law, it is settled, that the right of redemption will be barred by the lapse of twenty years. Without applying the bar as a statutory rule, Courts of Chancery will presume a release or satisfaction of the equity of redemption from lapse of time. The relation of mortgagor and mortgagee' is peculiar. The latter in possession is usually called a trustee for the former. In England, and very generally in our States, the Courts of Law consider the…
2Cases cited10 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Willison v. WatkinsSupreme Court of the United States · 1830
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Leland v. WilkinsonSupreme Court of the United States · 1836
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Grant v. HartSupreme Court of Georgia · 1941
- Scott v. HaddockSupreme Court of Georgia · 1852
- Dasher v. EllisSupreme Court of Georgia · 1898
- Woodlief v. Wester.Supreme Court of North Carolina · 1904
- Fisk v. StewartSupreme Court of Minnesota · 1880
5 more not listed; retrieve them via the Exa API.