May & Stokes v. Rawson
Supreme Court of Georgia
Foreclosure of mortgage, in Equity, in Stewart Superior Court Tried before Judge Kiddoo, at October Term, 1856. This hill was filed by May & Stokes against William A Rawson, James A. Thornton and Thomas Thornton.
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Foreclosure of mortgage, in Equity, in Stewart Superior Court Tried before Judge Kiddoo, at October Term, 1856. This hill was filed by May & Stokes against William A Rawson, James A. Thornton and Thomas Thornton. The bill alleges that about the 4th April, 1853, William Alday deing indebted to complainants, May & Stokes, the sum of three hundred and forty-one dollars and sixteen cents, by promissory note, for the better securing the payment thereof, executed to them a mortgage on the south half of lot of land No. 78, and twenty-five acres of the south-east corner of lot No. 83, in the county…
1Opinion of the Court
*463 By the Court.
McDonald, J.
delivering the opinion.
We think that the facts stated in the bill are sufficient to give a Court of Equity jurisdiction in this case.
[1.] The mortgagor’s equity of redemption was levied on and sold. William A. Rawson, one of the defendants became the purchaser. Afterwards a foreclosure of the mortgage was commenced in the proper Court, but before the rule nisi was served, the mortgagor died. His death arrested that proceeding.
The mortgagor died insolvent. There is no administration on his estate, and there will be none. Such are the charges in the bill, admitted by…
2Cited by1 opinion
- Willingham & Cone v. HugueninSupreme Court of Georgia · 1908