Lowry v. Parker
Supreme Court of Georgia
Mortgages. Interest and usury. Homestead. Liens. Before Judge Wellborn. Lumpkin superior court. October term, 1888. A mortgage fi. fa. in favor of R. J. Lowry, surviving partner of W. M. & R. J. Lowry, dated April 21st, 1888, on a judgment of April 16, 1888, for $1,500 principal, $267.67 interest to judgment, and attorneys’ fees and costs, was levied upon the property set forth in the execution.
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Mortgages. Interest and usury. Homestead. Liens. Before Judge Wellborn. Lumpkin superior court. October term, 1888. A mortgage fi. fa. in favor of R. J. Lowry, surviving partner of W. M. & R. J. Lowry, dated April 21st, 1888, on a judgment of April 16, 1888, for $1,500 principal, $267.67 interest to judgment, and attorneys’ fees and costs, was levied upon the property set forth in the execution. Part of the property was sold at sheriff’s sale under the levy and part of it was claimed by Parker, defendant in execution, as a homestead. The issue involved was submitted to the presiding judge…
1Opinion of the Court
Bleckley, Chief Justice.
The facts appear in the official report. Whilst a mortgage deed infected with usury is not void as a lien *343upon the property (Hodge v. Brown, 81 Ga. 276), any waiver of homestead or exemption contained in it is void as against the homestead or exemption right. Small v. Hicks, 81 Ga. 691; Cleghorn v. Greeson, 77 Ga. 343. True, it may become too late to insist that the debt is contaminated, as by allowing judgment of foreclosure to be taken without setting up the usury or making it appear, McLaws v. Moore (ante, 177); but here the usury was set up and established in the…
2Cases cited3 opinions
- Cleghorn v. GreesonSupreme Court of Georgia · 1886
- Small v. HicksSupreme Court of Georgia · 1889
- Hodge v. BrownSupreme Court of Georgia · 1888
3Cited by1 opinion
- Camp Lumber Co. v. Citizens BankSupreme Court of Georgia · 1914