Legal Opinion

Sewell v. Peoples Loan & Finance Co.

Court of Appeals of Georgia

Decided February 7, 1961No. 38657PublishedCited by 1 opinion

1Opinion of the Court

Frankum, Judge.

The trial court properly overruled the *156defendant’s motion to dismiss the foreclosure on the ground that there was no separation of principal and interest. The purpose of the rule requiring the separation of principal and interest is explained in Harris v. Usry, 77 Ga. 426, as follows: “To allow the principal and interest to be joined in one sum in the foreclosure would be to allow interest to be collected on the interest.” In the instant case the foreclosure affidavit states the defendant “is indebted to the said corporation [plaintiff] on said note and contract in the sum of…

2Cases cited5 opinions

  1. Burnett v. Davis & Co.Supreme Court of Georgia · 1905
  2. Harris v. UsrySupreme Court of Georgia · 1886
  3. Laramore v. Bank of AmericusSupreme Court of Georgia · 1882
  4. Tillman v. MortonSupreme Court of Georgia · 1880
  5. Commerce Finance Co. v. PerryCourt of Appeals of Georgia · 1942

3Cited by1 opinion

  1. Dampier v. Citizens & Southern National BankCourt of Appeals of Georgia · 1973

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