Wofford v. Wyly
Supreme Court of Georgia
Deed. Mortgage. Notice. Vendor and Purchaser. Interest and Usury. Verdict. Pleadings. Before Judge Fain. Bartow Superior Court. July Term, 1883. To the report contained in the decision, it is only necessary to add that Wofford made to Mrs. Wyly a deed^absolute on its face, and on this the case of plaintiff in ejectment was based. Defendant in ejectment (Wofford) took from Mrs. Wyly the following instrument: “ I have loaned to Wm.
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Deed. Mortgage. Notice. Vendor and Purchaser. Interest and Usury. Verdict. Pleadings. Before Judge Fain. Bartow Superior Court. July Term, 1883. To the report contained in the decision, it is only necessary to add that Wofford made to Mrs. Wyly a deed^absolute on its face, and on this the case of plaintiff in ejectment was based. Defendant in ejectment (Wofford) took from Mrs. Wyly the following instrument: “ I have loaned to Wm. T. Wofford five thousand dollars for an indefinite time, but which may be hereafter determined by us, with interest at the rate of ten per cent per annum, payable…
1Opinion of the Court
Jackson, Chief Justice.
An action of ejectment in the common law form was *867brought by Johnson against Wofford, laying two demises, one in the name of Mrs. Wyly and the other in his own. The plaintiff showed absolute deed in fee to the land from Wofford to Mrs. Wyly, and from her to him, and of course was entitled to recover without more. The defendant set up an equitable plea, setting up the fact that the deed, read in connection with an obligation from Mrs. Wyly to him, which he exhibited, made an equitable mortgage, and praying for an account to be taken to find the balance due on a five…
2Cases cited5 opinions
- Perine v. DunnNew York Court of Chancery · 1819
- Biggers v. BirdSupreme Court of Georgia · 1876
- Calhoun v. MarshallSupreme Court of Georgia · 1878
- Seymour v. MarvinNew York Supreme Court · 1851
- Brown v. WrightSupreme Court of Georgia · 1848
3Cited by10 opinions
- Sammons v. NabersSupreme Court of Georgia · 1938
- Pusser v. ThompsonSupreme Court of Georgia · 1909
- Ward v. LordSupreme Court of Georgia · 1897
- Pirkle v. Equitable Mortgage Co.Supreme Court of Georgia · 1896
- Byrd v. Prudential InsuranceSupreme Court of Georgia · 1938
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