Cleghorn v. Greeson
Supreme Court of Georgia
Homestead. Waiver. Interest and Usury. Contracts. Before Judge Hutchins. Chattooga Superior Court. March Adjourned Term, 1886. John S, Cleghorn brought suit in Chattooga county court against Henry Greeson on the following note : “One day after date, I promise to pay John S. Cleghorn, or hearer, fifty-five and 1V0 dollars, for value received, with interest at ten per cent, per annum.
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Homestead. Waiver. Interest and Usury. Contracts. Before Judge Hutchins. Chattooga Superior Court. March Adjourned Term, 1886. John S, Cleghorn brought suit in Chattooga county court against Henry Greeson on the following note : “One day after date, I promise to pay John S. Cleghorn, or hearer, fifty-five and 1V0 dollars, for value received, with interest at ten per cent, per annum. And I hereby, for myself, wife, heirs, executors, administrators and next of kin, waive and renounce all right to homestead or exemption under any laws of Georgia as against this note; and in case this note is…
1Opinion of the Court
Jackson, Chief Justice.
The sole question made in this record is, whether a note bearing usurious interest, and upon which judgment was rendered and execution issued, with a full and general waiver of the right to homestead and exemption, “ under any laws of Georgia as against this note,” can be collected out of a mule exempted under section 2040 of the code.
The note was dated May 1st, 1883, and was due one day after date, and no defence, on the ground of usury or otherwise, was made to it, but judgment was rendered upon it *345for principal and interest at ten per cent, that the note bore on its…
2Cases cited2 opinions
- Tribble v. AndersonSupreme Court of Georgia · 1879
- Partridge v. Williams' SonsSupreme Court of Georgia · 1884
3Cited by13 opinions
- Dennis v. MosesWashington Supreme Court · 1898
- Winkles v. Simpson Grocery Co.Supreme Court of Georgia · 1912
- Camp Lumber Co. v. Citizens BankSupreme Court of Georgia · 1914
- McLaws v. MooreSupreme Court of Georgia · 1889
- DeLay v. LatimerSupreme Court of Georgia · 1923
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