Legal Opinion
Cadwell v. Swift & Co.
Supreme Court of Georgia
Decided February 10, 1932No. 8304PublishedCited by 8 opinions
1Opinion of the CourtAtkinson, J.
1. A power of sale in a deed of trust, mortgage, or other
instrument is to be strictly construed and must be fairly exercised. In the absence of stipulations to the contrary in the instrument, the time, place, and manner of the sale should be that pointed out for public sales. Civil Code, § 4620. However, “that portion of the mortgage containing the power, like all other contracts, is to be construed so as to effectuate the intention of the parties, and the power must be exercised in accordance with the intention of the parties as indicated in the clause in the mortgage conferring the power.”…
2Cases cited5 opinions
- Garrett v. CrawfordSupreme Court of Georgia · 1907
- Etowah Milling Co. v. CrenshawSupreme Court of Georgia · 1902
- Mathis v. GlawsonSupreme Court of Georgia · 1920
- Georgia Land & Live Stock Co. v. Savannah River Lumber Co.Supreme Court of Georgia · 1920
- Porter v. State Mutual Life InsuranceSupreme Court of Georgia · 1916
3Cited by8 opinions
- Verner v. McLartySupreme Court of Georgia · 1957
- Bank of LaFayette v. GilesSupreme Court of Georgia · 1952
- Crawfokd v. CookCourt of Appeals of Georgia · 1934
- Cordele Banking Co. v. PowersSupreme Court of Georgia · 1962
- Screven County v. ReddySupreme Court of Georgia · 1952
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