Dixon v. Cuyler
Supreme Court of Georgia
Foreclosure of mortgage, from Muscogee county. Decision by Judge Worrill, at November Term, 185S. Richard R. Cuyler, administrator of James Holford, deceased, filed his petition for the foreclosure of a mortgage of certain real estate, executed by Daniel McDougald to said Holford.
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Foreclosure of mortgage, from Muscogee county. Decision by Judge Worrill, at November Term, 185S. Richard R. Cuyler, administrator of James Holford, deceased, filed his petition for the foreclosure of a mortgage of certain real estate, executed by Daniel McDougald to said Holford. Robert E. Dixon, the administrator of McDougald, was made the party defendant in and to the petition which was returnable to November Term, 1858, of Muscogee Superior Court, at which Term Dixon appeared and demurred to the petition, on the grounds: 1st. That the petition for a rule nisi showed that Holford was to…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
This .was an application to foreclose a mortgage on real estate, purporting to have been made by Daniel McDougald, in his lifetime, at the instance of R. R. Cuyler, administrator of James Holford, deceased. Robert Dixon, the administrator of McDougald, came in to Court and demurred to the application on two grounds.
1st. Because the mortgage was given by McDougald to *250secure a certain guaranty given to Holford to insure the collection of a deposit made by him in the Planters and Mechanics Bank, said guaranty imposing due diligence on Holford to…
2Cited by4 opinions
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- Mahone v. ElliottSupreme Court of Georgia · 1914
- Crawford v. ScottSupreme Court of Georgia · 1912
- Crawford v. ScottSupreme Court of Georgia · 1912