Garrett v. Crawford
Supreme Court of Georgia
Complaint for land. Before Judge Parker. Clay superior court. March 20, 1906. Jennie A. Crawford brought suit against Mrs. C. E. Garrett and K. J. Todd for a certain house and lot and mesne profits.
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Complaint for land. Before Judge Parker. Clay superior court. March 20, 1906. Jennie A. Crawford brought suit against Mrs. C. E. Garrett and K. J. Todd for a certain house and lot and mesne profits. The petition alleged, that Mrs. Garrett had given a mortgage on the property to Wilson; that in accordance with the stipulations contained in the mortgage the property was sold at public outcry, and was bought by the plaintiff; that she holds the title to the property under a deed from Wilson, signed and delivered in pursuance of the stipulations contained in the mortgage; and that Mrs. Garrett…
1Opinion of the CourtCobb, P. J.
1. The power of sale in a mortgage simply gives to the mortgagor a remedy for the collection of his debt in a.summary way. The presence of such á power in the mortgage simply evidences an agreement between the parties that the mortgagor shall be relieved from the necessity of resorting to a foreclosure at law or in equity. That portion of the mortgage containing the power, like all other contracts, is to be construed so as to effectuate the intention of the parties, and the power must be exercised in accordance with the intention of the parties as indicated *522in the clause in the mortgage…
2Cases cited8 opinions
- Merchant v. WoodsSupreme Court of Minnesota · 1881
- Liddell & Co. v. CarsonSupreme Court of Alabama · 1898
- Doe ex dem. Tenant v. RoeSupreme Court of Georgia · 1859
- Ledyard v. ChapinIndiana Supreme Court · 1855
- Dwelle & Daniel v. Blackshear BankSupreme Court of Georgia · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Giordano v. StubbsSupreme Court of Georgia · 1971
- Kennedy v. Gwinnett Commercial BankCourt of Appeals of Georgia · 1980
- National Life Insurance Company, a Corporation v. Jerome Silverman, Carroll Arms Associates, a District of Columbia Limited Partnership v. National Life Insurance Company, a Vermont Corporation, A/K/A National Life of VermontCourt of Appeals for the D.C. Circuit · 1971
- Redwine v. FrizzellSupreme Court of Georgia · 1937
- Peterson v. Kansas City Life InsuranceSupreme Court of Missouri · 1936
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