Legal Opinion
Upchurch v. Nichols
Court of Appeals of Georgia
Decided November 4, 1914No. 5659PublishedCited by 5 opinions
Levy and claim; from city court of Thomasville—Judge W. H. [•Tammond. March 4, 1914.
1Opinion of the CourtWade, J.
1. An allegation in an affidavit for the foreclosure of a mortgage before maturity of the debt, that the “defendants” are about to remove the mortgaged property beyond the limits of the county, is not a compliance with section 3287 of the Civil Code, where the affidavit does not show that the defendants are purchasers of the mortgaged property. No other ground for foreclosure being alleged in the affidavit in this case, the court did not err in sustaining the motion to dismiss the levy.
2. The bill of exceptions recites that “the plaintiff in fi. fa. moved the court to allow an amendment to…
2Cases cited4 opinions
- McGarry v. SeizSupreme Court of Georgia · 1907
- Edwards v. Boyd Co.Supreme Court of Georgia · 1911
- Benson v. Marietta Fertilizer Co.Supreme Court of Georgia · 1913
- Schaeffer v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1909
3Cited by5 opinions
- Campbell v. GormleySupreme Court of Georgia · 1937
- O'Kelly v. WelchCourt of Appeals of Georgia · 1916
- Seawright v. DicksonCourt of Appeals of Georgia · 1915
- Wallace v. StateCourt of Appeals of Georgia · 1916
- Bryant v. Bank of CovingtonCourt of Appeals of Georgia · 1916