Arrowood v. McKee
Supreme Court of Georgia
Affidavit of illegality. Before Judge Reid. City court of Atlanta. April 7, 1903. Mrs. Arrowood borrowed money and executed a deed- to land to secure its repayment. Default in payment having been made, judgment was obtained against her, with a special lien upon the land; and to the levy of an execution from this judgment she interposed an affidavit of illegality, which was dismissed; and she excepted.
Read the full summary
Affidavit of illegality. Before Judge Reid. City court of Atlanta. April 7, 1903. Mrs. Arrowood borrowed money and executed a deed- to land to secure its repayment. Default in payment having been made, judgment was obtained against her, with a special lien upon the land; and to the levy of an execution from this judgment she interposed an affidavit of illegality, which was dismissed; and she excepted. Her note for the money and the security deed were made to H. L. McKee, guardian of Fannie May Powers, who executed a bond for. reconveyance of title on payment of the note. The deed conveyed to…
1Opinion of the CourtCandles, J.
1. It is immaterial whether the judgment was one requiring the signature of the plaintiff’s attorneys or that of the presiding judge, it appearing that as a matter of fact it was signed by both the judge and the plaintiff’s attorneys.
2. The intention to sign the judgment by both the presiding judge and the attorneys for the plaintiff was manifest, and it was immaterial whether their signatured appeared on the right or the left side of the page on which the judgment was entered.
3. The security deed to “H. L. M., guardian of 3?. M. P.,” as between the grantor and the grantee, had the effect to…
2Cited by3 opinions
- Board of Education v. DaySupreme Court of Georgia · 1907
- Greenfield v. StoutSupreme Court of Georgia · 1905
- Stephens v. City of AtlantaSupreme Court of Georgia · 1904