Bailey v. Lumpkin
Supreme Court of Georgia
This was a rule to foreclose a mortgage on real estate, in the Superior Court of the county of Houston, at the instance of the plaintiff in error, as the assignee of Nathan H. Beal, against the defendant in error. compliance to foreclose, error, was the mortgagor, appeared in'court, and disputed, upon oath, the amount claimed to be due, and denied that more than twenty-seven hundred dollars was due upon the mortgage ; alleging that the mortgage, as well as the note, to…
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This was a rule to foreclose a mortgage on real estate, in the Superior Court of the county of Houston, at the instance of the plaintiff in error, as the assignee of Nathan H. Beal, against the defendant in error. compliance to foreclose, error, was the mortgagor, appeared in'court, and disputed, upon oath, the amount claimed to be due, and denied that more than twenty-seven hundred dollars was due upon the mortgage ; alleging that the mortgage, as well as the note, to secure which it was given, except the sum of twenty-seven -'hundred dollars, was void for usury. The defendant in error then…
1Opinion of the Court
By the Court
Nisbet, Judge.
This was a proceeding under our statute to foreclose a mortgage upon real estate. The petitioner, S. T. Bailey, Esq., was the assignee of the note and mortgage securities, having taken them after the maturity of the *403note. The defendant filed the plea of usury, also, alleging payments,which plea was verified. Upon the trial below, the counsel for, the plaintiff moved the court to strike out the defendant’s plea, upon the ground that the statutes of Georgia do not contemplate, or authorize, the setting up of usury at law against a mortgage on a rule to foreclose. This…
2Cases cited8 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Bridge v.HubbardMassachusetts Supreme Judicial Court · 1818
- Jackson ex dem. Skinner v. PackardNew York Supreme Court · 1831
- Chadbourn v. WattsMassachusetts Supreme Judicial Court · 1813
- Bank of Columbia v. Attorney GeneralCourt for the Trial of Impeachments and Correction of Errors · 1829
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3Cited by33 opinions
- Roman v. TerrellCourt of Appeals of Georgia · 1990
- Morton v. BellSupreme Court of Georgia · 1995
- Weed v. Gainesville, Jefferson & Southern RailroadSupreme Court of Georgia · 1904
- McNulty v. PrudenSupreme Court of Georgia · 1878
- Carter and Carter v. Leon Loan and Finance Co.Supreme Court of Florida · 1933
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