Derrick v. Sams

Simmons, Chief Justice.

1. Derrick sought to foreclose certain mortgages purporting to have been given by Sams, and the administrator of Sams filed a p-lea in resistance to the proceeding. On the trial of the case the court, upon objection by counsel for the defendant, excluded the mortgages, on the ground that the description therein of the land mortgaged was insufficient, and refused to receive parol evidence offered to further identify the land. The description of the land was: “Parts of lots of land Nos. 22 and 38 in the 5th land district of Kabun county, Ga., it being the land purchased…