Lankford v. Peterson
Court of Appeals of Georgia
Foreclosure of mortgage; from Coffee superior court — Judge Summerall. February 9, 1916. W. ■ C. Lankford and B. Petersbn entered into the following agreement: “Georgia, Coffee County.
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Foreclosure of mortgage; from Coffee superior court — Judge Summerall. February 9, 1916. W. ■ C. Lankford and B. Petersbn entered into the following agreement: “Georgia, Coffee County. “This agreement or contract, made and entered into this 4th day of May, 1912, hy and between B. Peterson, as party of the first part, and W. C. Lankford, as party of the second part, witnesseth: . “That whereas W. C. Lankford is the owner of all that tract of land in the city of Douglas, being seventy-three feet, more or less, east and west, by two hundred ten feet north and south, in the form of a…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) 1. If the instrument sought to be foreclosed was a mortgage, the fact that the obligation on which it was based was infected with usury would not render it void. Dwelle v. Blackwood, 106 Ga. 486 (32 S. E. 593); Moseley v. Rambo, 106 Ga. 597 (32 S. E. 698). Under the law then of force, a security deed so infected was absolutely void. By the terms of the supplemental agreement entered into between Lankford and Peterson, as set out above, as well as by the terms of another agreement signed by each of the parties, which was set forth in the amended pleadings,…
2Cases cited18 opinions
- Ferris v. Van Ingen & Co.Supreme Court of Georgia · 1899
- Atlanta Savings Bank v. SpencerSupreme Court of Georgia · 1899
- Pitts v. MaierSupreme Court of Georgia · 1902
- Knowles v. LawtonSupreme Court of Georgia · 1855
- Woodside v. LippoldSupreme Court of Georgia · 1901
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Reconstruction Finance Corp. v. PuckettSupreme Court of Georgia · 1935
- Tomberlin v. Waycross Commercial Hotel Co.Court of Appeals of Georgia · 1930
- Shore Acres Properties Inc. v. MorganCourt of Appeals of Georgia · 1931
- Laing v. Hinesville BankCourt of Appeals of Georgia · 1923
- Bennett v. BennettCourt of Appeals of Georgia · 1934
1 more not listed; retrieve them via the Exa API.