Boisclair v. Jones
Supreme Court of Georgia
Foreclosure of mortgage. Demurrer. Decided by Judge Clark, Eandolpli Superior Court. November Term, 1867. John Jones was proceeding to foreclose a mortgage made by Boisclair, individually. Boisclair showed for cause why the rule should not be made absolute, that the mortgaged premises belonged to him as trustee and not individually. Plaintiff moved to strike the plea.
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Foreclosure of mortgage. Demurrer. Decided by Judge Clark, Eandolpli Superior Court. November Term, 1867. John Jones was proceeding to foreclose a mortgage made by Boisclair, individually. Boisclair showed for cause why the rule should not be made absolute, that the mortgaged premises belonged to him as trustee and not individually. Plaintiff moved to strike the plea. The defendant’s attorney said they represented Boisclair as trustee, and his cestui que trusts, and appeared to protect the trust estate. The Court held that as neither Boisclair as trustee nor his cestui que trusts, were…
1Opinion of the CourtWarner, C. J.
The mortgagor executed the mortgage upon the property as his own estate, to secure the payment of hisf individual debt. In a proceeding to foreclose the mortgage as against ■ him,, he cannot be permitted to allege that the property so mortgaged by him as his own individual property, was not his property, but was trust property which he had no right to mortgage. The maker of a deed cannot claim adversely to his deed, but is estopped from denying his right to sell and *500convey. Revised Code, Section 2657. "When the mortgage shall be foreclosed against the mortgagor, and the property sold, or…
2Cited by9 opinions
- Hill v. O'Bryan Bros.Supreme Court of Georgia · 1898
- Thomas v. HudsonSupreme Court of Georgia · 1940
- Wagnon v. PeaseSupreme Court of Georgia · 1898
- Pancoast v. Travelers InsuranceIndiana Supreme Court · 1881
- Walker v. WalkerSupreme Court of Georgia · 1913
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