Legal Opinion

Kirkland v. Kirkland

Supreme Court of Georgia

Decided December 19, 1916PublishedCited by 4 opinions

Petition for injunction. Before Judge Wright. Floyd superior court. June 27, 1916.

1Opinion of the CourtFish, C. J.

1. The maker of a promissory note procured certain persons to become sureties thereon by indorsement, and, for the purpose of securing them against loss on their indorsement, executed to them a mortgage on certain land. The mortgage contained a power of sale, which authorized the mortgagees to sell “all of said'property or a sufficiency thereof to reimburse them as such accommodation indorsers of said note in the full amount of their liability and payment in the premises, together with the expenses of the proceedings, including fees of attorneys to the amount of ten per cent., if their claim…

2Cases cited4 opinions

  1. Dykes v. McVaySupreme Court of Georgia · 1880
  2. Montgomery v. FoucheSupreme Court of Georgia · 1906
  3. Mitchell v. CastlenCourt of Appeals of Georgia · 1908
  4. Hughes v. Mount Vernon BankCourt of Appeals of Georgia · 1908

3Cited by4 opinions

  1. Dotson v. BurchettCourt of Appeals of Kentucky (pre-1976) · 1945
  2. Carson v. BlairCourt of Appeals of Georgia · 1923
  3. Morrison v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1980
  4. Allen v. Community Loan & Investment Corp.Court of Appeals of Georgia · 1950

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