Mahone v. Elliott
Supreme Court of Georgia
Mortgage foreclosure. Before Judge Gilbert. Talbot superior court. March 10, 1913.
1Opinion of the CourtEvans, P. J.
The plaintiff instituted a proceeding to foreclose a mortgage on land. The defendant pleaded, that he gave the mortgage to secure the purchase-money of a horse; that afterwards he and the plaintiff agreed to exchange the horse for another; and that the plaintiff warranted the horse received by the defendant in the exchange to be sound, but he was not sound, and died shortly after the exchange, and by reason of the breach of contract of warranty the defendant was damaged to the amount of the debt secured by the mortgage which the plaintiff was attempting to foreclose. The court dismissed the…
2Cases cited7 opinions
- Arnold v. CarterSupreme Court of Georgia · 1906
- Bailey v. LumpkinSupreme Court of Georgia · 1846
- Finney v. CadwalladerSupreme Court of Georgia · 1875
- Mordecai v. StewartSupreme Court of Georgia · 1867
- Culver v. WoodSupreme Court of Georgia · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Futch v. TaylorCourt of Appeals of Georgia · 1918
- DeLay v. LatimerSupreme Court of Georgia · 1923
- General Acceptance Corp. v. BishopCourt of Appeals of Georgia · 1972
- Humphreys v. Jessup & SonsCourt of Appeals of Georgia · 1931
- Glass v. AdamsCourt of Appeals of Georgia · 1931
1 more not listed; retrieve them via the Exa API.