DeGive v. Lewis
Supreme Court of Georgia
Mortgage. Practice in the Superior Court. Before Judge Hopkins. Fulton Superior Court. October Term, 1873. DeGive instituted proceedings against Lewis to foreclose a mortgage on certain real estate in the city of Atlanta, exe-. cuted to secure the payment-of a promissory note dated September 23d, 1862, payable one year after the ratification of a treaty of peace between the United States and the Confederate States of America, for $3,400 00. The defendant pleaded the sealing…
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Mortgage. Practice in the Superior Court. Before Judge Hopkins. Fulton Superior Court. October Term, 1873. DeGive instituted proceedings against Lewis to foreclose a mortgage on certain real estate in the city of Atlanta, exe-. cuted to secure the payment-of a promissory note dated September 23d, 1862, payable one year after the ratification of a treaty of peace between the United States and the Confederate States of America, for $3,400 00. The defendant pleaded the sealing ordinance of 1865, and payment of $500 00, “and perhaps more.” Pending this litigation, the mortgaged property was…
1Opinion of the Court
McCay, Judge.
Under the facts of this case, as they appear in the record, even as the plaintiff in error claims them, we think there was no error in the ruling of the court. The statutory proceeding to foreclose a mortgage upon real estate depends for its basis on the lien of the mortgage on the realty involved. It is this which gives the court jurisdiction, and no personal service is required upon the mortgagor by an officer. Service may be by publication, and the proceeding may be instituted and progress, to its final execution, though the mortgagor live out of the state. The locus of the…
2Cited by2 opinions
- Baker & Hall v. GladdenSupreme Court of Georgia · 1884
- Newsom v. CarltonSupreme Court of Georgia · 1877