Legal Opinion

Palmer v. Young

Supreme Court of Georgia

Decided May 13, 1895PublishedCited by 13 opinions

Ejectment. Before E. A. Hawkins, judge pro hac vice. Montgomery superior court. April term, 1894.

1Opinion of the Court

Atkinson, Justice.

To secure the payment of a debt to them, Palmer executed a mortgage to Ellis, Young & Co., by means of which he created a lien upon the premises in dispute in their favor for the amount of the debt. In the mortgage *247was a power ot sale conferred upon the mortgagees, but there was no express provision authorizing them to become purchasers at the sale of the mortgaged property. Upon maturity of the debt, it remaining unpaid, they advertised and exposed the property for sale in accordance with the terms and stipulations of the power contained in the mortgage deed. At the sale…

2Cases cited4 opinions

  1. Howards v. DavisTexas Supreme Court · 1851
  2. Parker v. . BanksSupreme Court of North Carolina · 1878
  3. Hubbard v. JarrellCourt of Appeals of Maryland · 1865
  4. Fogarty v. SawyerCalifornia Supreme Court · 1863

3Cited by13 opinions

  1. Payton v. McPhaulSupreme Court of Georgia · 1907
  2. Redwine v. FrizzellSupreme Court of Georgia · 1937
  3. Mutual Loan & Banking Co. v. HaasSupreme Court of Georgia · 1897
  4. Williams v. Williams Co.Supreme Court of Georgia · 1905
  5. Universal Chain Theatrical Enterprises Inc. v. OldknowSupreme Court of Georgia · 1933

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