Cumming v. Cumming
Supreme Court of Georgia
In Equity. Tried upon bill and answers. Before Judge Meriwether. Richmond Superior Court. June Term, 1847. Ann Cumming instituted her bill for foreclosure against George L. Twiggs and John P. Eve, executors of Grace Rowell, deceased, and Henry H. Cumming and Joseph "Ware, as trustees. The bill charged the following facts.
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In Equity. Tried upon bill and answers. Before Judge Meriwether. Richmond Superior Court. June Term, 1847. Ann Cumming instituted her bill for foreclosure against George L. Twiggs and John P. Eve, executors of Grace Rowell, deceased, and Henry H. Cumming and Joseph "Ware, as trustees. The bill charged the following facts. That on the 1st July, 1833, said Grace Rowell executed'a mortgage of certain lands and slaves to Thomas Cumming, to secure the payment of a certain promissory note; that on the 23d September, 1835, she made a conveyance of part of the mortgaged property to said Henry H.…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
This cause came on for a hearing before Judge Meriwether, in Richmond Superior Court, from which it appeared, that on the first day of July, 1833, Grace Rowell gave to Thomas Cumming a mortgage on certain lands and slaves, to secure the payment of a promissory note for nine thousand dollars, due the first day of July, 1836, with interest payable thereon annually. That on the 23d of September, 1835, said Grace Rowell made a conveyance of part of the mortgaged property to Henry H. Cumming, subject to the trusts in the deed of conveyance mentioned,…
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