Sellers v. Page
Supreme Court of Georgia
Injunction. Before Judge Mitchell. Berrien superior court. June 2, 1906. ' Mrs. Page, by her petition to the superior court of Berrien county, sought an injunction against Sellers, Hendricks, Smith, and Christian, to prevent them from selling certain land in that county under a power of sale given in a mortgage executed to Sellers by herself and her husband jointly.
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Injunction. Before Judge Mitchell. Berrien superior court. June 2, 1906. ' Mrs. Page, by her petition to the superior court of Berrien county, sought an injunction against Sellers, Hendricks, Smith, and Christian, to prevent them from selling certain land in that county under a power of sale given in a mortgage executed to Sellers by herself and her husband jointly. She claimed title to the land as a part of her separate estate, and alleged, that the debt to secure which the mortgage was given was her husband’s, and not her own; that Sellers knew this at the time the mortgage was executed;…
1Opinion of the CourtAtkinson, J.
The 1st, 3d, 4th, 5th, 6th, and 7th headnotes, when considered in connection with the statement of facts, do not .need any elaboration. In the following opinion we will, therefore, ■deal only with the ruling expressed in the 2d headnote. The question of service is not involved in this case. All of the defendants ■demurred and pleaded to the merits, without any objection whatever to the service. That this amounts to a waiver of service is not an open question. Paulk v. Tanner, 106 Ga. 219. The defendants therefore were all properly before the court. Was there jurisdiction to grant the…
2Cases cited9 opinions
- Adams v. LamarSupreme Court of Georgia · 1850
- Mayo v. RenfroeSupreme Court of Georgia · 1881
- Saffold v. Scottish American Mortgage Co.Supreme Court of Georgia · 1896
- Rounsaville & Bros. v. McGinnisSupreme Court of Georgia · 1894
- Epps & Leabow v. BuckmasterSupreme Court of Georgia · 1898
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3Cited by30 opinions
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- Martin v. Approved Bancredit Corp.Supreme Court of Georgia · 1968
- Reed v. ReedSupreme Court of Georgia · 1947
- Walden v. StateCourt of Appeals of Georgia · 1970
- Sweat v. ArlineSupreme Court of Georgia · 1938
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