DeLay v. Latimer
Supreme Court of Georgia
Mortgage foreclosure. Before Judge Bell. Fulton superior court. May 19, 1920. W. Carroll Latimer, as assignee of a mortgage on realty dated in 1899, sought to foreclose it in equity against the mortgagor, J. M. DeLay, a non-resident of the State, making the latter’s wife, L. Y. DeLay, eodefendant.
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Mortgage foreclosure. Before Judge Bell. Fulton superior court. May 19, 1920. W. Carroll Latimer, as assignee of a mortgage on realty dated in 1899, sought to foreclose it in equity against the mortgagor, J. M. DeLay, a non-resident of the State, making the latter’s wife, L. Y. DeLay, eodefendant. The petition alleged, among other matters, that the wife, subsequently to the execution of the mortgage and the creation of the debt it was given to secure, had the realty set apart to her and the minor children of herself and husband, as a homestead out of his estate; that there was a waiver of…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.) The Civil Code (1910), § 5688, provides, that when two or more persons are sued in the same action, either on a contract or for a tort, the plaintiff may amend his declaration by striking out one or more of such de*370fendants, and proceed against the remaining defendant or defendants, if there is no other legal difficulty in the case. The defendant dismissed from the suit set up various grounds in her original answer and the amendment thereto why the petitioner’s claim to foreclose the mortgage should be denied, but she prayed for no affirmative relief,…
2Cases cited2 opinions
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