Alexander v. City of Atlanta

1. Although a sum of money when paid by a debtor to the creditor is applied first to the payment of the accrued interest, and the balance, if any, is applied to the principal, unless the debtor in making the payment otherwise directs, it is nevertheless a question of fact whether the money when paid is applied first to the payment of the interest, or whether the entire sum is applied upon the principal. 2. In a petition in a suit to recover a balance alleged to be due upon an indebtedness from the defendant to the plaintiff, wherein it is alleged that certain real estate was sold by the…