American Mortgage Co. of Scotland Ltd. v. Rawlings
Supreme Court of Georgia
Complaint. Before Judge Parker. Washington superior court. September 6, 1905. The Mortgage Company brought suit against Kawlings, and alleged, in substance, that on the 15th day of Februarjr, 1884, Kawlings made and delivered his promissory note payable to the order of F. W. Dunton on the first day of March, 1887; that said note was given for the purchase-money of certain described lands, and contained a stipulation for the payment of ten per cent, attorney’s fees in the…
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Complaint. Before Judge Parker. Washington superior court. September 6, 1905. The Mortgage Company brought suit against Kawlings, and alleged, in substance, that on the 15th day of Februarjr, 1884, Kawlings made and delivered his promissory note payable to the order of F. W. Dunton on the first day of March, 1887; that said note was given for the purchase-money of certain described lands, and contained a stipulation for the payment of ten per cent, attorney’s fees in the event it was collected by suit; that the note was not under seal, and a copy was attached to petition; that Dunton gave to…
1Opinion of the CourtBeck, J.
1. Where A purchases a tract of land from B, and gives a purchase-money note therefor payable to B “or order,” and B transfers said note by indorsement, together with the reserved title to the land, to 0, 0 becomes thereby a party both to the note and to the contract of purchase; and if said note becomes barred by the statute of limitations, and A enters into a new agreement with C, whereby A promises to pay to 0 the balance due on said note, by installments running through several years, the consideration remaining the same, and no new security being added, the fact that the holder of said…
2Cases cited6 opinions
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Wofford v. GainesSupreme Court of Georgia · 1874
- Stoner v. PickettSupreme Court of Georgia · 1902
- Vines v. Tift & Co.Supreme Court of Georgia · 1888
- Bird v. AdamsSupreme Court of Georgia · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Southeast Timberlands, Inc. v. Security National BankCourt of Appeals of Georgia · 1996
- Kirkpatrick v. FawSupreme Court of Georgia · 1937
- Motor Contract Division of Trusco Finance Co. v. Southern Cotton Oil Co.Court of Appeals of Georgia · 1947
- Forsyth Mercantile Co. v. WilliamsCourt of Appeals of Georgia · 1926
- Logan v. MobleySupreme Court of Georgia · 1930
1 more not listed; retrieve them via the Exa API.