Walker v. Hillyer

Supreme Court of Georgia

Decided August 10, 1907

Supreme Court of Georgia · decided 1907-08-10

<p>Foreclosure of mortgage. Before Judge Wright. Floyd superior court. December 4, 1906.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1907-08-10

How this case has been cited

Cited by 29 later decisions — most recently January 1973 · most notably 128 Ga. App. 165 - Parris & Son, Inc. v. Campbell (1973), Cato v. Ætna Life Insurance (1927)

1 federal appellate · 25 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Evans, J.

¶1In a proceeding to foreclose a mortgage on realty, signed by two persons, where a plea in bar filed by one of them is admitted to be good, and the only evidence submitted is the note and mortgage, which contains a written assignment to the plaintiff, it is not error for the court to direct a verdict sustaining the plea of the defendant which is admitted to be good, and in favor of the plaintiff for the amount due on the note and mortgage against the other defendant, and against the land embraced in the mortgage.

¶2Judgment 'affirmed.

All the Justices concur.