Neal Bank v. Bruce
Supreme Court of Georgia
Foreclosure of mortgage. Before Judge Whipple. Wilcox superior court. October 17, 1910. A petition for the foreclosure of a mortgage on realty was brought against the mortgagor in the name of the Neal Bank, there being upon the back of the mortgage the following indorsements: “Pay to the order of Dreger & Doughty Mgrs. Sept. 3rd, 1904. L. M. Bruce." “Dreger & Doughty Mgrs." L. M. Bruce was the mortgagee.
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Foreclosure of mortgage. Before Judge Whipple. Wilcox superior court. October 17, 1910. A petition for the foreclosure of a mortgage on realty was brought against the mortgagor in the name of the Neal Bank, there being upon the back of the mortgage the following indorsements: “Pay to the order of Dreger & Doughty Mgrs. Sept. 3rd, 1904. L. M. Bruce." “Dreger & Doughty Mgrs." L. M. Bruce was the mortgagee. To which petition for foreclosure the defendant filed the following plea: “Defendant denies both the genuineness and legality of the indorsements and transfers set forth in the third…
1Opinion of the CourtBeck, J.
1. Where a petition for the foreclosure of a mortgage was brought in the name of the holder of the mortgage, there being upon the back of the mortgage an indorsement making the instrument payable to a named party, which indorsement purported to be signed by the mortgagee, followed by an indorsement in blank which purported to be that >of the transferee under the first indorsement, the defendant in his plea having denied both the genuineness and the legality of the indorsements and transfers set forth, it was competent for the plaintiff to amend the petition so as to substitute therein the…
2Cited by2 opinions
- Bruce v. BruceSupreme Court of Georgia · 1915
- Kirkland v. Citizens Trust Co.Court of Appeals of Georgia · 1917