Ach & Co. v. Milam
Supreme Court of Georgia
Forelosure of mortgage. Before Judge Fite. Bartow superior court. January 14, 1903.
1Opinion of the CourtCandler, J.
On the 4th day of August, 1898, Mrs. S. E. Milam, Ruby P. Milam, and Pearl L. Milam executed and delivered a promissory note to Samuel Ach & Co., for the principal sum of $1,486.-94. This instrument contained a waiver of all homestead and ex*106emption rights, and to secure its payment a mortgage was executed contemporaneously, and was duly recorded. The consideration expressed in the mortgage was the principal sum of the note, “ and the better securing the payment of the aforesaid note.” The language used in the conveying clause was, “ do hereby sell and convey.” This was followed by the usual…
2Cases cited14 opinions
- Stringfellow v. StringfellowSupreme Court of Georgia · 1900
- Lowe v. WebbSupreme Court of Georgia · 1890
- Bank of Forsyth v. GammageSupreme Court of Georgia · 1899
- Evans v. Piedmont National Building & Loan Ass'nSupreme Court of Georgia · 1903
- Goodell v. HallSupreme Court of Georgia · 1900
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3Cited by2 opinions
- Davis v. StateCourt of Appeals of Georgia · 1920
- Yeates v. DonalsonSupreme Court of Georgia · 1917