Hatcher v. Jones
Supreme Court of Georgia
Bankrupt. Mortgage. Homestead. Before Judge Strozer. Calhoun Superior Court. March Term, 1874. On June 4th, 1873, a rule nisi issued at the instance of John E. Jones, as president of the Central Georgia Bank, against William A. Hatcher, requiring him to show cause why a certain mortgage executed by him on February 24th, 1871, should not be foreclosed.
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Bankrupt. Mortgage. Homestead. Before Judge Strozer. Calhoun Superior Court. March Term, 1874. On June 4th, 1873, a rule nisi issued at the instance of John E. Jones, as president of the Central Georgia Bank, against William A. Hatcher, requiring him to show cause why a certain mortgage executed by him on February 24th, 1871, should not be foreclosed. The defendant was served on June 13th, 1873. He showed for cause that on November 1st, 1873, he was adjudged to be a bankrupt; that on February 7th, 1874, L. D. Monroe' was appointed his assignee ; that the property embraced in the mortgage…
1Opinion of the Court
McCay, Judge.
The bankrupt was well aware that he had given this mortgage, and it was his own fault to have taken his exemption on the property mortgaged. The bankrupt act expressly preserves the liens of mortgages, and if the mortgagee does not prove his debt, he may proceed with his mortgage without reference *209to the proceedings in bankruptcy. Had the assignee so determined, he might have forced the mortgagee into the bankrupt court. If the claim of the bankrupt for exemption was superior to the mortgage, and it was necessary to settle the rights of the parties, to call the mortgagee before…
2Cited by3 opinions
- Broach v. PowellSupreme Court of Georgia · 1887
- Carter v. Peoples National BankSupreme Court of Georgia · 1900
- Merrill v. JordanSupreme Court of New Hampshire · 1880