Baker v. Shepherd
Supreme Court of Georgia
Claim. Decided by Judge Clarke. Stewart County, April Term, 1867. John T. Warren and Charles IT. Warren, on the 1st September, 1840, mortgaged to John W. Baker land lot forty-eight in 'the twenty-second district of Stewart county, and the South-west corner of lot number sixty, in the same district, to secure two promissory notes for $1632,40 and $268.98 respectively. John T. Warren died and Shepherd became his administrator.
Read the full summary
Claim. Decided by Judge Clarke. Stewart County, April Term, 1867. John T. Warren and Charles IT. Warren, on the 1st September, 1840, mortgaged to John W. Baker land lot forty-eight in 'the twenty-second district of Stewart county, and the South-west corner of lot number sixty, in the same district, to secure two promissory notes for $1632,40 and $268.98 respectively. John T. Warren died and Shepherd became his administrator. At April term, 1848, of the Superior Court of said county, a rule nisi for foreclosing said mortgage was taken against said administrator. At October term, 1848, this…
1Opinion of the CourtWarner, C. J.
There are two errors assigned to the judgment of the Court below in this case. First, in rejecting the mortgage fi. fa. when offered in evidence to the jury. Second, in allowing the jury to pass upon the merits of the case after the fi. fa. had been rejected, and return a verdict for the claimant.
1. The fi. fa. was issued upon the judgment of foreclosure of a mortgage against the administrator of John T. Warren, deceased. It appears from the record, that John Warren, before his death, and Charles H. Warren, as tenants in common, mortgaged the premises described in the mortgage deed to Baker,…
2Cited by6 opinions
- Midgley v. WalkerMichigan Supreme Court · 1894
- Mills v. WilliamsSupreme Court of Georgia · 1951
- Funkhouser v. MaleSupreme Court of Georgia · 1900
- Locklin v. LocklinSupreme Court of Georgia · 1950
- Harris v. Georgia National BankSupreme Court of Georgia · 1920
1 more not listed; retrieve them via the Exa API.