Baker v. Tillman
Supreme Court of Georgia
Contracts. Actions. Evidence. Nonsuit. Pleadings. Before Judge Willis. City court of Columbus. April term, 1889. On December 17,' 1888, Tillman brought to the January term, 1889, his action against Baker on a promissory note signed by Baker and payable to Mrs. D’Antignae, or bearer, on December 1, 1887, for land, “provided a certain mortgage given to her . . and which is now a lien on said land, is taken up and can-celled.”
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Contracts. Actions. Evidence. Nonsuit. Pleadings. Before Judge Willis. City court of Columbus. April term, 1889. On December 17,' 1888, Tillman brought to the January term, 1889, his action against Baker on a promissory note signed by Baker and payable to Mrs. D’Antignae, or bearer, on December 1, 1887, for land, “provided a certain mortgage given to her . . and which is now a lien on said land, is taken up and can-celled.” The declaration alleged that this mortgage had been taken up and paid and was no longer a lien on the land. Baker took issue by plea of the general issue, and by others…
1Opinion of the Court
Bleckley, Chief Justice.
From the plaintiff’s evidence, together with the admission made by his counsel, it appeared that the mortgage referred to in the conditional contract sued upon was outstanding when the action was brought, and was *402not paid oft or taken up and cancelled until the day on which the case was tried. The condition on which the maturity of the contract depended was not, as in the case of Griswold v. Scott, 13 Ga. 210, suspended upon an act to be done by the debtor, but upon one to be done by the creditor. This rendered the act a condition precedent, and the declaration so…
2Cases cited2 opinions
- Wadley, Jones & Co. v. JonesSupreme Court of Georgia · 1875
- Griswold v. ScottSupreme Court of Georgia · 1853
3Cited by19 opinions
- Wolverine Insurance v. SorroughCourt of Appeals of Georgia · 1970
- Becker v. DonalsonSupreme Court of Georgia · 1910
- Deas v. SammonsSupreme Court of Georgia · 1906
- Loewenherz v. WeilCourt of Appeals of Georgia · 1925
- Martin v. McLainCourt of Appeals of Georgia · 1935
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