Allen v. J. W. Lathrop & Co.
Supreme Court of Georgia
Foreclosure of mortgage. Description. Advances. Estoppel. Title. Tried before Judge Cole. Houston Superior Court. December Term, 1871. J. W. Lathrop and Company commenced proceedings to foreclose a mortgage on real estate executed by “James II.
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Foreclosure of mortgage. Description. Advances. Estoppel. Title. Tried before Judge Cole. Houston Superior Court. December Term, 1871. J. W. Lathrop and Company commenced proceedings to foreclose a mortgage on real estate executed by “James II. Allen, George W. Allen, Eugenia C. Dunlap, and James M. Ward, in right of his wife Cornelia Ward, legatees under the last will and testament of Hugh Allen, deceased,” “ in consideration of advances in money and plantation supplies, to be advanced to said James M. Allen by said James W. Lathrop and Company aforesaid, said supplies and money being…
1Opinion of the Court
McCay, Judge.
Without question the common law rules make a mortgage which, on its face was to secure future advances, sufficiently certain : 4 Kent, 175 ; 1st Hilliard on Mortgages, 210-215, where the subject is fully treated and numerous authorities cited. But it is said that our Code changes this rule. Its language is, section 1945 : “ No particular form is necessary to constitute a mortgage. It must clearly indicate the creation of a lien, specify the debt to secure which it is given and the property on which it is to take effect.” But this is, in truth, nothing more than the common law…
2Cited by10 opinions
- Collier v. FaulkSupreme Court of Alabama · 1881
- Hill v. O'Bryan Bros.Supreme Court of Georgia · 1898
- Thomas v. HudsonSupreme Court of Georgia · 1940
- Wagnon v. PeaseSupreme Court of Georgia · 1898
- Walker v. WalkerSupreme Court of Georgia · 1913
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