Frost v. Borders
Supreme Court of Georgia
Homestead. Mortgage. Claim. Illegality. Heeds. Evidence. Before Judge Buchanan. Troup Superior Court. May Term, 1877. In May, 1866, Borders executed to Frost a mortgage on certain land situate in Troup county. In February, 1868, this property was set apart to Borders and family as exempt, under section 2040 et seq., of Code. Subsequent to this the mortgage was foreclosed, to which proceeding Borders made no defense.
Read the full summary
Homestead. Mortgage. Claim. Illegality. Heeds. Evidence. Before Judge Buchanan. Troup Superior Court. May Term, 1877. In May, 1866, Borders executed to Frost a mortgage on certain land situate in Troup county. In February, 1868, this property was set apart to Borders and family as exempt, under section 2040 et seq., of Code. Subsequent to this the mortgage was foreclosed, to which proceeding Borders made no defense. When the execution based on the foreclosure was levied upon the land, he set up his exemption right by affidavit of illegality, the jury found in his favor, and judgment was…
1Opinion of the Court
Bleckley, Judge.
Land was mortgaged in 1866. The mortgage was foreclosed in 1873. Execution issued, and was levied upon the premises. The levy was arrested and sale prevented by an affidavit of illegality interposed by the mortgagor. The affidavit set up an exemption in behalf of the mortgagor’s family, founded' upon proceedings had in February, 1868. These proceedings were in accordance with the Code, as it stood prior to the constitution of 1868.
1. It is objected that the mortgage being foreclosed, the order of sale is final, that the exemption was, therefore, urged too late, and that if it…
2Cases cited6 opinions
- Wallace v. HollySupreme Court of Georgia · 1853
- Simpson v. RobertSupreme Court of Georgia · 1866
- A. J. Williams & Co. v. TerrellSupreme Court of Georgia · 1875
- Roberts v. TrammellSupreme Court of Georgia · 1875
- Cumming v. CleggSupreme Court of Georgia · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Seamans v. KingSupreme Court of Georgia · 1888
- Merritt v. MerrittSupreme Court of Georgia · 1881
- American Loan & Trust Co. v. Atlanta Electric Ry. Co.U.S. Circuit Court for the Northern District of Georgia · 1899