Brantley & Brother v. Wood & Brother
Supreme Court of Georgia
Petition for injunction. Before Judge Gamble. Johnson county. August 28, 1895. On January 15, 1892, T. J. Brantley & Brother, a firm composed of T. J. and J. P. Brantley made to J. S. Wood & Brother a mortgage on a large amount of realty and personalty, to secure the payment of a promissory note due October 15, 1892, as well as any further advances they might procure of Wood & Brother before the maturity of said note, together with any interest, attorney’s fees and…
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Petition for injunction. Before Judge Gamble. Johnson county. August 28, 1895. On January 15, 1892, T. J. Brantley & Brother, a firm composed of T. J. and J. P. Brantley made to J. S. Wood & Brother a mortgage on a large amount of realty and personalty, to secure the payment of a promissory note due October 15, 1892, as well as any further advances they might procure of Wood & Brother before the maturity of said note, together with any interest, attorney’s fees and commissions arising therefrom. The mortgage contained a waiver of homestead, and a power (at the option of the mortgagees) to…
1Opinion of the Court
.Lumpkin, Justice.
The nature of the instrument involved in this case will appear from the abstract of its contents set forth in the official report.
After a careful examination and consideration of all its provisions, we hold that this instrument was a mortgage, and not a deed; and therefore, even if it was infected with usury, it was not absolutely void, and an exercise of the power of sale contained in it could not, upon that ground alone, be lawfully enjoined. "We do not now decide whether the plaintiffs were, or were not, entitled to an injunction under the evidence submitted. But assuming…
2Cases cited1 opinion
- Whatley v. BarkerSupreme Court of Georgia · 1887
3Cited by4 opinions
- Wardlaw v. WoodruffSupreme Court of Georgia · 1933
- Auld v. Cobb Exchange BankSupreme Court of Georgia · 1949
- First Nat. Bank of Atlanta v. Southern Cotton Oil Co.Court of Appeals for the Fifth Circuit · 1935
- National Bank v. Tennessee Coal, Iron & RailroadOhio Supreme Court · 1900