Kennedy v. Davis
Supreme Court of Georgia
Mortgages. Debtor and creditor. Appropriation of ■payments. New trial. Verdict. Before Judge Hines. Scriven superior court. May term, 1888. Reported in the decision.
1Opinion of the Court
Simmons, Justice.
Kennedy & Blun sought to foreclose a mortgage given them by Davis & Scott upon certain realty. Davis & Scott filed three pleas : (1) the general issue, (2) recoupment, (3) payment. The jury returned a verdict in favor of the defendants, and the plaintiffs made a motion for a new *211trial, -which, was overruled, and they excepted. The main issue on the trial in the court below seemed to have been on the third plea, in which Davis & Scott alleged that the mortgage was paid off, by reason of the fact that when they shipped turpentine and rosin to the plaintiffs, they gave them…
2Cases cited2 opinions
- Mitchell v. MaloneSupreme Court of Georgia · 1886
- Hilton v. F. W. Sims & Co.Supreme Court of Georgia · 1872
3Cited by1 opinion
- Hamlin v. LupoCourt of Appeals of Georgia · 1919