Empire Mortgage & Investment Co. v. Bratton

Grice, Justice.

A considerable portion of the brief of counsel for the defendant in error is devoted to the maintenance of the proposition that the Georgia cases next hereinafter mentioned compel an affirmance, and that there is a great unanimity of decisions from other jurisdictions which declare "'Go be void, invalid, and unenforceable a second loan deed or mortgage taken after the execution of a consent agreement and the acceptance of HOLC bonds and cash thereunder.” We are in disagreement with counsel as to the effect of the holding of these five cases. The question as to the validity of a…