Gould v. Barrow
Supreme Court of Georgia
Equitable petition. Before Judge Seabrook. Chatham superior court. July 19, 1902. Gould filed, on February 12, 1901, a petition against the executor of Jackson, alleging that on June 5, 1889, he borrowed from Whatley, general agent of Jackson, the sum of $3,500, to be due and payable one year after date, and, as security for the loan, gave a deed to certain described realty; that When the note became due he was unable to pay it, and Whatley informed him that he would…
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Equitable petition. Before Judge Seabrook. Chatham superior court. July 19, 1902. Gould filed, on February 12, 1901, a petition against the executor of Jackson, alleging that on June 5, 1889, he borrowed from Whatley, general agent of Jackson, the sum of $3,500, to be due and payable one year after date, and, as security for the loan, gave a deed to certain described realty; that When the note became due he was unable to pay it, and Whatley informed him that he would foreclose the deed, and agreed with plaintiff, in order to save the expense necessary for the sale of the property for the…
1Opinion of the CourtLamar, J.
At the date of the credit sale to Fripp for $5,200, the principal and interest of petitioner’s debt amounted to $4,959.05, to which were to be added attorney’s fees and costs of foreclosure •and sale, which it might be fair to say would have approximated the difference between $4,959.05 and $5,200. According to petitioner’s own showing, it was doubtful if anything would -be due to him on an accounting. But even if there would be a balance, the petitioner, notwithstanding a demurrer, failed to amend or to allege that Fripp’s notes were due, or that Fripp had paid his purchase-money notes, or…
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