Pusser v. Thompson
Supreme Court of Georgia
Equitable petition. Before Judge Martin. Pulaski superior court. June 24, 1908. On February 6, 1892, David Pusser made to A. J. Thompson & Company a promissory note for $410.71, due on the first day of October after date. It was not a sealed instrument, under the law of this State. On the same day he executed to Thompson & Company, who were stated to be a firm composed of A. J. Thompson and G. P. Stubbs, a deed conveying certain described land.
Read the full summary
Equitable petition. Before Judge Martin. Pulaski superior court. June 24, 1908. On February 6, 1892, David Pusser made to A. J. Thompson & Company a promissory note for $410.71, due on the first day of October after date. It was not a sealed instrument, under the law of this State. On the same day he executed to Thompson & Company, who were stated to be a firm composed of A. J. Thompson and G. P. Stubbs, a deed conveying certain described land. In the body of the instrument, as set out in the record, was the following clause: “This conveyance is intended to operate as provided in sections…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The principal question in this case is whether the plaintiff could proceed by equitable petition to foreclose the security deed as an equitable mortgage. At common law a mortgage was originally treated as a conveyance of property, defeasible by the payment of the debt secured, when due. The title conveyed was like other estates defeasible upon condition subsequent. To relieve debtors from the hardship resulting from a forfeiture or loss of the property by mere failure to pay promptly, often resulting in an unconscionable advantage to the creditor, and…
2Cases cited18 opinions
- Polhill v. BrownSupreme Court of Georgia · 1890
- Ashley v. CookSupreme Court of Georgia · 1900
- Criss v. CrissWest Virginia Supreme Court · 1886
- Hester v. GairdnerSupreme Court of Georgia · 1907
- Elkins v. EdwardsSupreme Court of Georgia · 1850
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- George v. McCurdyCourt of Appeals of Georgia · 1931
- Burgess v. Ohio National Life InsuranceSupreme Court of Georgia · 1933
- Martin & Sons v. Bank of LeesburgSupreme Court of Georgia · 1911
- Harris v. BlackSupreme Court of Georgia · 1915
- Sammons v. NabersSupreme Court of Georgia · 1938
13 more not listed; retrieve them via the Exa API.