Legal Opinion
Kitchens v. Molton
Supreme Court of Georgia
Decided May 12, 1931No. 8003PublishedCited by 4 opinions
1Opinion of the CourtHill, J.
1. The court did not err in overruling the demurrer to the equitable petition to foreclose. The ground of the demurrer was that the superior court of Bibb County had no jurisdiction to foreclose a mortgage on land located in Twiggs County.
2. Equity eases shall be tried in the county where a defendant resides against whom substantial relief is prayed. Civil Code (1910), § 6540.
3. A deed to secure a debt may be foreclosed as an equitable mortgage. Pusser v. Thompson, 132 Ga. 280 (64 S. E. 75, 22 L. R. A. (N. S.) 571) ; Bateman v. Archer, 65 Ga. 271.
4. While a statutory mortgage on real property…
2Cases cited6 opinions
- Merchants & Mechanics Bank v. BeardSupreme Court of Georgia · 1926
- Pusser v. ThompsonSupreme Court of Georgia · 1909
- Carmichael v. Citizens & Southern BankSupreme Court of Georgia · 1926
- West v. BennettSupreme Court of Georgia · 1877
- Hackenhull v. WestbrookSupreme Court of Georgia · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Burgess v. Ohio National Life InsuranceSupreme Court of Georgia · 1933
- Jones v. LawmanSupreme Court of Georgia · 1937
- Harris v. U. S. Development Corp.Supreme Court of Georgia · 1998
- Adams v. Farmers & Merchants BankCourt of Appeals of Georgia · 1933