Alexander v. Forman
Court of Appeals of Georgia
Complaint; from city court of Blakely — Judge Sheffield. October 20, 1919. The petition alleged that to secure the notes sued on, a security deed to certain lands was executed and delivered to the plaintiff. The plaintiff prayed for judgment on the notes and that the judgment be declared a special lien on the lands described in the deed.
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Complaint; from city court of Blakely — Judge Sheffield. October 20, 1919. The petition alleged that to secure the notes sued on, a security deed to certain lands was executed and delivered to the plaintiff. The plaintiff prayed for judgment on the notes and that the judgment be declared a special lien on the lands described in the deed. A plea consisting of several subdivisions was filed by the defendant, but in the brief filed by his counsel in this court all of the plea was expressly abandoned except the following: “ That on the 8th day of December, 1911, this defendant procured from the…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.)
An examination of the foregoing plea will show that it is distinctly alleged therein that usury was charged in closing the old loan 'and that the notes sued on and the deed given to secure them embraced, as part- of the consideration thereof, the old debt, “together with the interest and usury thereon.” In such a case as this “usury need not be pleaded with the same particularity as in a suit to recover it back or in a plea attempting to set it off against the plaintiff’s demand.” Hollis v. Covenant Building & Loan Association, 104 Ga. 318 (31 S. E. 215).…
Also in this document: Concurrence.
2Cases cited2 opinions
- Hollis v. Covenant Blg. & Loan Ass'nSupreme Court of Georgia · 1898
- Lott v. PetersonCourt of Appeals of Georgia · 1919
3Cited by1 opinion
- Hartsfield Co. v. WillisSupreme Court of Georgia · 1941