Legal Opinion

Davenport v. Richards

Supreme Court of Georgia

Decided August 19, 1912PublishedCited by 6 opinions

Affidavit of illegality. Before Judge Jones. Hall superior court. July 19, 1911.

1Opinion of the CourtBeck, J.

To the levy of a mortgage fi. fa. issued upon the foreclosure of a chattel mortgage under the provisions of the statute for the foreclosure of such mortgages, Davenport, the plaintiff in error, filed an affidavit of illegality embracing several grounds. The only question for determination made in the record is, whether or not the fi. fa. could proceed for the collection of attorney’s fees which the maker of the mortgage contracted to pay in addition to principal and interest. Notice by the mortgagee of his intention *612to foreclose the mortgage for principal, interest, and attorney’s fees by the…

2Cases cited1 opinion

  1. Everett & Son v. Ferst's Sons & Co.Supreme Court of Georgia · 1906

3Cited by6 opinions

  1. Watters & Co. v. O'NeillSupreme Court of Georgia · 1921
  2. Swint v. Milner Banking Co.Court of Appeals of Georgia · 1923
  3. Simmons Lumber Co. v. Toccoa Furniture Co.Court of Appeals of Georgia · 1921
  4. Walton v. HinesCourt of Appeals of Georgia · 1930
  5. Dupree v. BlankenshipCourt of Appeals of Georgia · 1951

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