Legal Opinion

Milton v. Setze

Supreme Court of Georgia

Decided October 19, 1916PublishedCited by 4 opinions

Mortgage foreclosure. Before Judge Patterson. Cobb superior court. September 25, 1915.

1Opinion of the CourtFish, C. J.

1. Where a married woman executes a “mortgage note” payable to the order of her son, the mortgage being on her separate estate, and this is done for the sole purpose of enabling the payee to use the paper as collateral security at a bank for his individual indebtedness to it, and after receiving the paper the payee informs the bank of the purpose for which it has been executed and at the time offers it as collateral security for his existing indebtedness to the bank and for additional money then advanced to him by the bank, and the paper is accepted by the bank for such purpose and is duly…

2Cases cited3 opinions

  1. National Bank v. CarltonSupreme Court of Georgia · 1895
  2. National Bank v. SmithSupreme Court of Georgia · 1914
  3. Farmers & Traders Bank v. EubanksCourt of Appeals of Georgia · 1907

3Cited by4 opinions

  1. Magid v. BeaverSupreme Court of Georgia · 1938
  2. Boles v. Hartsfield Co.Court of Appeals of Georgia · 1935
  3. Stafford v. BirchSupreme Court of Georgia · 1939
  4. Colt Co. v. MillerCourt of Appeals of Georgia · 1923

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