Hayes v. Little

Trippe, Judge.

There was no error in the judgment of the court sustaining the demurrer as to the principal defendant. As to the sureties the case comes within the principle asserted in Toomer vs. Dickerson, 37 Georyia, 428. In that case it was held that the failure of the creditor to record in this state a mortgage given by the principal debtor, as by the law it was specially necessary he should do to preserve his lien, it being a mortgage executed in South Carolina on property subsequently removed to Georgia., discharged the security. The Code says, section 2154, “any act of the creditor,…