First National Bank v. Vinson

Felton, Chief Judge.

1. This case was the foreclosure of a conditional-sale contract. At the time of foreclosure nearly all of the instalments had not matured but the contract did not show whether there had been a default in the payment of an instalment or not. The original affidavit simply alleged that the *830total amount of the contract was due and did not allege the reason therefor. A reasonable construction of the affidavit is that the total amount was due because of the default in the instalment payments, in the absence of any other assigned reason. With the affidavit in this status the…