Bruce v. Bruce

In this case the suit was originally brought by one as the holder of a mortgage on real estate, to foreclose it, the plaintiff alleging that it was a transferee of the note and mortgage given to secure it. The defendant filed a plea on oath denying the “genuineness and the legality of the indorsements.” It was held, that, when no evidence was introduced to prove the execution of the indorsements relied on to show the transfer, it was erroneous, over objection, to admit the note and mortgage in evidence and to direct a verdict for the plaintiff. Bruce v. Neal Bank, 134 Ga. 364 (67 S. E. 819).…