Means v. Continental Fertilizer Co.

A city court has no jurisdiction to foreclose a mortgage on realty, nor has it authority to enter a judgment establishing a special lien on realty in a suit brought on notes secured by a mortgage. Scott v. Hughes, 124 Ga. 1000 (53 S. E. 453); Lavette v. Brinsfield, 111 Ga. 821 (35 S. E. 637). The present suit was on a note secured by a mortgage, and this fact was pleaded. The prayers of the petition were for both a general judgment on the notes and a special lien on the realty embraced in the mortgage. The court did not err in overruling an oral motion to dismiss the suit, upon the ground…