Jackson v. Carswell
Supreme Court of Georgia
Motion for New Trial. In Wilkinson Superior Court. Decided by Judge Augustus Eeese. April Term, 1866. In a proceeding to foreclose the following instrument as a mortgage upon the land, the court decided that it was a mortgage; and the jury, by their verdict, found five hundred dollars, besides interest, due on it to Carswell alone, as his share of the fee: '' “ Geobgia : Eollin Stanley, Admr., vs. Thomas Jackson, Claimant.
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Motion for New Trial. In Wilkinson Superior Court. Decided by Judge Augustus Eeese. April Term, 1866. In a proceeding to foreclose the following instrument as a mortgage upon the land, the court decided that it was a mortgage; and the jury, by their verdict, found five hundred dollars, besides interest, due on it to Carswell alone, as his share of the fee: '' “ Geobgia : Eollin Stanley, Admr., vs. Thomas Jackson, Claimant. This certifies that I have employed N. A. Carswell and James J. Scarborough to prosecute my claim to'theland advertised by Rolliu Stanley, Admr. of Benjamin Jackson; and,…
1Opinion of the Court
"Walker, J.
Two questions are made in this record. Is the instrument sued on a mortgage; and, if so, does it obligate the mortgagor to pay five hundred dollars each to Carswell and Scarborough %
[1.] At common law, we apprehend, this paper would not be held to be a mortgage; at least, it lacks several stipulations *281deemed necessary in a regular mortgage deed. But we have rejected much of the old common law on the subject of mortgages. In Davis et. al. vs. Anderson et. al., 1 Kelly Rep. 176, this Court decided that “ a mortgage in Georgia is nothing more than a security for the payment of a debt;…
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- Newton v. SummeySupreme Court of Georgia · 1877
- Winborne v. . GuySupreme Court of North Carolina · 1942
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- Carroll v. KellySupreme Court of Alabama · 1895
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