Dampier v. Citizens & Southern National Bank

This proceeding involves a foreclosure on personalty, in which both petition to foreclose and the execution fail to state the principal and interest separately. To the contrary, *243it is all added together in one lump sum. In a full-bench decision by the Supreme Court of Georgia, in the case of Harris v. Usry, 77 Ga. 426, it is held: "Where, in the foreclosure of a mortgage on personalty, the principal and interest were not separated, the foreclosure was fatally defective and the fi. fa. was properly quashed on demurrer. To allow the principal and interest to be joined in one sum in the…