Georgia Railroad Bank & Trust Co. v. Doolittle

Gregory, Justice:

This appeal is from the order of the lower court foreclosing a mortgage held by respondent Georgia Railroad Bank and Trust Company [Bank] on certain real property of appellants Mr. and Mrs. Doolittle. The issue is whether any defenses available to Mr. and Mrs. Doolittle against the ori ginal mortgagee, Lost Wilderness, Inc., were available against the Bank, the assignee of the mortgage. The lower court found that the Bank took the note and mortgage free from any defenses available to Mr. and Mrs. Doolitttle against Lost Wilderness, Inc. We affirm.

As this is an action in…