Ray v. Atlanta Banking Co.
Supreme Court of Georgia
Levy and claim. Before Judge Lumpkin. Fulton superior court. March term, 1899.
1Opinion of the CourtFish, J.
1. Where an ordinary claim is filed to property levied upon under a mortgage fi. fa. against realty, the sole issue is whether the property is subject or not subject, and under such Issue, the pleadings being regular upon their face, it is not competent for the claimant to prove that the judgment of foreclosure was for a larger amount than the mortgagee was entitled to recover from the mortgagor, by showing that there was usury in the debt secured by the mortgage. See Lamar v. Coleman, Ray & Co., 88 Ga. 417 (4); Horne v. Powell, Id. 637.
2. A plaintiff in the trial of a claim under a mortgage…
2Cases cited5 opinions
- Conley v. RedwineSupreme Court of Georgia · 1900
- Oatis v. BrownSupreme Court of Georgia · 1877
- Lamar v. Coleman, Ray & Co.Supreme Court of Georgia · 1892
- Stiles v. ElliottSupreme Court of Georgia · 1881
- Hyfield v. Sims & Co.Supreme Court of Georgia · 1893
3Cited by8 opinions
- Green v. SpiresSupreme Court of Georgia · 1940
- Southern States Phosphate & Fertilizer Co. v. ClarkCourt of Appeals of Georgia · 1917
- James v. Douglasville Banking Co.Court of Appeals of Georgia · 1921
- Vaughn v. Farmers & Merchants BankSupreme Court of Georgia · 1916
- Widincamp v. JamesSupreme Court of Georgia · 1907
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