Johnson v. Davis
Supreme Court of Georgia
Equitable petition. Before Judge Bower. .Worth superior court. October term, 1894. Johnson brought his petition against Davis et al., the object of which was to recover possession of land. On the admitted facts the court directed a verdiet for the defendants, and overruled plaintiff’s motion for a new trial.
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Equitable petition. Before Judge Bower. .Worth superior court. October term, 1894. Johnson brought his petition against Davis et al., the object of which was to recover possession of land. On the admitted facts the court directed a verdiet for the defendants, and overruled plaintiff’s motion for a new trial. It appears, that in 1881 Johnson made notes and a mortgage to Greenfield to secure a usurious debt, with a waiver of homestead, the mortgage covering the land in dispute. Subsequently Greenfield obtained judgment on this debt, Johnson making no defence to the suit and foreclosure on which…
1Opinion of the CourtSimmons, C. J.
1. An admission that notes were executed and a mortgage given to secure a pre-existing usurious debt is not necessarily an admission that the notes and mortgage or any of them appeared on their face to be' usurious.
2. Unless the usury appeared on the face of the papers, it was too late for the debtor, after a judgment of foreclosure, to attack as being void, because of usury in the debt secured by the mortgage, a waiver of homestead duly made therein; and therefore a homestead applied for and set part after the judgment of foreclosure was not good against such a waiver. Cleghorn v. Greeson,…
2Cases cited4 opinions
- Cleghorn v. GreesonSupreme Court of Georgia · 1886
- Barfield v. JeffersonSupreme Court of Georgia · 1890
- McLaws v. MooreSupreme Court of Georgia · 1889
- Stewart v. StisherSupreme Court of Georgia · 1889
3Cited by4 opinions
- Winkles v. Simpson Grocery Co.Supreme Court of Georgia · 1912
- Willingham v. SladeSupreme Court of Georgia · 1900
- DeLay v. LatimerSupreme Court of Georgia · 1923
- Hendrix v. WebbSupreme Court of Georgia · 1901