Higginson v. Mein
Supreme Court of the United States
This was an appeal from a decree of the Circuit Court for the district of Georgia, which dismissed the complainant’s bill, brought to foreclose a mortgage.
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This was an appeal from a decree of the Circuit Court for the district of Georgia, which dismissed the complainant’s bill, brought to foreclose a mortgage. The facts, as stated by Marshall, Ch. J., in delivering the opinion of the court, were as follows : In November 1769, Alexander Wylly, then residing in Georgia, executed his bond to Greenwood & Higginson, merchants of London, for the sum of 2108?. 4s. sterling, conditioned to pay 1054?. 2s. like money, on or before the 1st of January 1773 ; and also executed a deed of mortgage (which was admitted to record in the secretary’s office) to…
1Opinion of the Court
Marshall, Ch. J.,
after stating the facts of the case, delivered the opinion of the court, as follows : — It is contended, on the part of the purchaser, 1st. That the lands are exonerated from the mortgage by the confiscation and sale thereof made by the state of Georgia. 2d. That they are exonerated by the length of time which has intervened since that confiscation and sale, during which an adverse possession has been held. 3d. That payment of the mortgage is to be presumed.
Several acts of confiscation were passed, during the war, by the state of Georgia, in which the name of Alexander Wylly…
2Cited by16 opinions
- Bauserman v. BluntSupreme Court of the United States · 1893
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
- Balkam v. Woodstock Iron Co.Supreme Court of the United States · 1894
- Quinette v. Pullman Co.Court of Appeals for the Eighth Circuit · 1916
- Jeffersonville, Madison & Indianapolis Railroad v. OylerIndiana Supreme Court · 1882
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