Southern Mutual Building & Loan Ass'n v. Perry
Supreme Court of Georgia
Foreclosure of mortgage. Before Judge Kimsey. Haber-sham superior court. March term, 1897.
1Opinion of the CourtLumpkin, P. J.
1. The question of practice dealt with in the first headnote has been settled by the decision of this court in Montgomery v. Hunt, 98 Ga. 438.
2. A “mortgage note,” executed by W. S. Perry and his wife, payable to T. H. Taber or bearer, was negotiated by the latter, before its maturity, to the Southern Mutual Building and Loan Association. It instituted a foreclosure proceeding, and was met by the defense that the wife had signed the instrument as a surety only, and was therefore not liable. There was nothing on the face of the paper to indicate that her relation thereto was one of suretyship;…
2Cases cited7 opinions
- Perkins v. RowlandSupreme Court of Georgia · 1882
- Howard v. SimpkinsSupreme Court of Georgia · 1883
- King v. NeelSupreme Court of Georgia · 1896
- Strauss v. FriendSupreme Court of Georgia · 1884
- Strickland v. VanceSupreme Court of Georgia · 1896
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3Cited by11 opinions
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- Walker v. BryantSupreme Court of Georgia · 1900
- Jones v. CrawfordSupreme Court of Georgia · 1899
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