Legal Opinion
Wrenn v. Massell Realty Co.
Court of Appeals of Georgia
Decided May 22, 1934No. 23462PublishedCited by 7 opinions
1Opinion of the CourtJenkins, P. J.
1. Under the rulings in Stapler v. Anderson, 177 Ga. 434, 436-439 (170 S. E. 498), which, were followed by this court in Burgess v. Ohio Nat. Life Ins. Co., 48 Ga. App. 260 (172 S. E. 676), and which overruled the decision in Jones v. Owens, 149 Ga. 72 (99 S. E. 121), “where the grantee of mortgaged premises assumes and agrees to pay the mortgage, he becomes at least as to the mortgagor the principal debtor, the latter occupying the position of surety.” “The mortgagee is not bound by such an agreement unless he assents to it. But when, with knowledge of such an agreement, he enters into an…
2Cases cited5 opinions
- Stapler v. AndersonSupreme Court of Georgia · 1933
- Smith v. GholstinCourt of Appeals of Georgia · 1932
- American Mutual Liability Insurance v. McCartyCourt of Appeals of Georgia · 1932
- Jones v. OwensSupreme Court of Georgia · 1919
- Burgess v. Ohio National Life InsuranceCourt of Appeals of Georgia · 1934
3Cited by7 opinions
- W. Sam Edwards, Administrator of the Estate of Marion H. Allen, Former Collector of Internal Revenue v. Mrs. Dorothy Dannenberg GreenwaldCourt of Appeals for the Fifth Circuit · 1954
- Brice v. National Bondholders Corp.Supreme Court of Georgia · 1939
- Jobson v. CaldwellCourt of Appeals of Georgia · 1936
- Federal Land Bank v. CongerCourt of Appeals of Georgia · 1936
- Nelson v. National Life & Accident InsuranceCourt of Appeals of Georgia · 1935
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