Legal Opinion · Dissent

Federal Land Bank v. Fulcher

Court of Appeals of Georgia

Decided September 23, 1933No. 22831Published

1DissentSutton, J.

Under the law of this State, as well as the general law, I can not agree with the majority of the court in holding that the trial court erred in applying the funds realized by the plaintiff bank from an exercise of the power of sale contained in the security deed, by crediting the note sued on in this case with the pro-rata share of such funds as should be credited on the two installment notes for which this note was given as -collateral security for this note.

*609The note sued on in this case was not given for the purpose of taking the place of the two installment notes for $350 and $325, due…

2Cases cited16 opinions

  1. Austin v. Southern Home Building & Loan Ass'nSupreme Court of Georgia · 1905
  2. Orleans County National Bank v. MooreNew York Court of Appeals · 1889
  3. McMillan v. Heard National BankCourt of Appeals of Georgia · 1917
  4. High Co. v. ArringtonCourt of Appeals of Georgia · 1932
  5. McCarter v. TurnerSupreme Court of Georgia · 1873

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