Hatcher v. Chancey
Supreme Court of Georgia
Mortgage. Promissory Notes. Debtor and Creditor. Before Judge Clarke. Early Superior Court. April Term, 1888. Chancey proceeded to foreclose a mortgage on realty given to secure four notes, each of which promised to pay twenty bales of cotton, and which fell due annually.
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Mortgage. Promissory Notes. Debtor and Creditor. Before Judge Clarke. Early Superior Court. April Term, 1888. Chancey proceeded to foreclose a mortgage on realty given to secure four notes, each of which promised to pay twenty bales of cotton, and which fell due annually. At the time of the foreclosure, the first note was due, and plaintiff alleged that the value of the twenty bales of cotton was $1,000.00. Defendant demurred to the petition and rule nisi, because the contract was entire and the notes payable in cotton, and it was too uncertain to be then foreclosed ; • and because the…
1Opinion of the Court
Hall, Justice.
The plaintiff held four notes falling due at different times, payable in cotton, which were secured by a mortgage on one thousand acres of land. When the first of these notes fell due, she instituted proceedings to foreclose the mortgage, and in her petition for its foreclosure, after setting forth the notes and mortgage, and the failure of the defendant to pay the first note becoming due, she prayed for the sale of the mortgaged premises, and that the surplus funds arising from the sale might be retained by the court, and ordered to be invested to meet those still unpaid. The…
2Cited by2 opinions
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- McCurry v. PitnerSupreme Court of Georgia · 1925