Harris v. Usry
Supreme Court of Georgia
Mortgages. Interest and Usury. Practice in Superior Court. Before Judge Lumpkin. Glascock Superior Court. February Term, 1886. Eli Harris proceeded to foreclose a chattel mortgage against Shirley, administrator of Usry, and another. The mortgage was originally for $550, but had two credits upon it. The affidavit of foreclosure stated that “ theré is now due and unpaid on the attached mortgage the sum of two hundred and sixty-six dollars and sixty-nine cents.”
Read the full summary
Mortgages. Interest and Usury. Practice in Superior Court. Before Judge Lumpkin. Glascock Superior Court. February Term, 1886. Eli Harris proceeded to foreclose a chattel mortgage against Shirley, administrator of Usry, and another. The mortgage was originally for $550, but had two credits upon it. The affidavit of foreclosure stated that “ theré is now due and unpaid on the attached mortgage the sum of two hundred and sixty-six dollars and sixty-nine cents.” The execution issued upon this foreclosure directed the levying officer to make the sum stated “and all accruing interest at the rate…
1Opinion of the Court
Jackson, Chief Justice.
One objection made to this mortgage foreclosure by the claimant is sufficient, without more, to make the affirmance of the judgment necessary. The principal and interest are not separated therein. Code, §3570 ; Acts of 1814, p. 393; 6 Ga. 303.
Otherwise the judgment of foreclosure would draw interest on interest, and thus compound the interest.
Judgment affirmed.
2Cases cited1 opinion
- Ray v. Justices of the Inferior CourtSupreme Court of Georgia · 1849
3Cited by8 opinions
- Bank of Tupelo v. CollierSupreme Court of Georgia · 1941
- McDonald v. G. A. C. Finance Corp.Court of Appeals of Georgia · 1967
- Moore v. Wachovia Mortgage Co.Court of Appeals of Georgia · 1976
- Colter v. Consolidated Credit Corp.Court of Appeals of Georgia · 1967
- Dampier v. Citizens & Southern National BankCourt of Appeals of Georgia · 1973
3 more not listed; retrieve them via the Exa API.