Howland v. Donehoo
Supreme Court of Georgia
Equitable petition. Before J. M. Hunt, judge pro hae vice. Eloyd superior court. July 3, 1913. Mrs. Medora E. Howland gave the Exchange Bank of Rome two mortgages on a parcel of land situated in the city of Rome and known as the JfToll House and Lot,” described by metes and bounds, to secure respectively two debts owing by her to the bank, one for $1,000 principal and interest, and the other for $500 principal and interest.
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Equitable petition. Before J. M. Hunt, judge pro hae vice. Eloyd superior court. July 3, 1913. Mrs. Medora E. Howland gave the Exchange Bank of Rome two mortgages on a parcel of land situated in the city of Rome and known as the JfToll House and Lot,” described by metes and bounds, to secure respectively two debts owing by her to the bank, one for $1,000 principal and interest, and the other for $500 principal and interest. Both mortgages were duly foreclosed and executions issued thereon, in which the property ordered to be sold was described in the same way as set forth in the mortgages.…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.) In their brief filed in this court counsel for plaintiff in error say: “The petition alleged, as grounds for setting aside this deed and sale, (1) that the levy was excessive; (2) that the price was grossly inadequate; and (3) that the defendant in fi. fa., before the sale of said property, filed with the sheriff’s office an affidavit of illegality, which was accepted by the sheriff’s office, and thereupon the defendant in fi. fa., naturally supposing that the said sale would be postponed until a hearing could be had upon this affidavit, went away from the…
2Cases cited16 opinions
- Brooks v. RooneySupreme Court of Georgia · 1852
- Wallace v. HollySupreme Court of Georgia · 1853
- Shannon v. HayIndiana Supreme Court · 1886
- Parker v. GlennSupreme Court of Georgia · 1884
- Smith v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sellers v. JohnsonSupreme Court of Georgia · 1951
- Humphrey v. SmithSupreme Court of Georgia · 1914
- Dutton v. FaulkSupreme Court of Georgia · 1925
- Investors Finance Co. v. HillSupreme Court of Georgia · 1942
- Leathers v. GarrettSupreme Court of Georgia · 1934
3 more not listed; retrieve them via the Exa API.