Edwards v. Price

1. In the foreclosure of mortgages on personalty, the statute provides that the mortgagee, in person, or by his agent, or attorney in fact or at law, shall make an affidavit before a proper officer, designated by the statute, of the amount of principal and the interest due on the mortgage, etc. This affidavit is a necessary basis of the mortgage foreclosure, and without it the foreclosure proceeding, and the fi. fa. and levy based upon it, are mere nullities, and are subject to collateral attack in any court for lack of such affidavit. Civil Code (1910), § 3286; Meadows v. Alexander, 1 Ga.…