Benton-Shingler Co. v. Mills

Hill, O. J.

1. An affidavit of illegality filed by a defendant in a mortgage-foreclosure proceeding is amendable to the same extent as are ordinary pleas. McMichael v. Mackey, 7 Ga. App. 773 (68 S. E. 332).

2. A judgment striking a defense to the foreclosure of a mortgage, upon the ground that it was filed without leave of the court and after the original affidavit of illegality had been filed, does not preclude the defendant from offering and having allowed at a subsequent term of the court an amendment to the affidavit of illegality, setting up the same defense that he sought to raise in the…