Rathel v. Fort

Supreme Court of Georgia

Rathel v. Fort

67 S.E. 417, 134 Ga. 268, 1910 Ga. LEXIS 164

CourtSupreme Court of Georgia

DecidedMarch 19, 1910

StatusPublished

Cited by1 cases

This text of 67 S.E. 417 (Rathel v. Fort) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rathel v. Fort, 67 S.E. 417, 134 Ga. 268, 1910 Ga. LEXIS 164 (Ga. 1910).

Pincite

Opinion

Atkinson, J.

In a suit against a mortgagor individually to foreclose a mortgage on land, it is no defense to the foreclosure that after the mortgage was given a part of the land covered by the mortgage had been set apart to the defendant as the head of a family for a homestead. See Rutledge v. McFarland, 75 Ga. 774; Derrick v. Sams, 98 Ga. 397 (25 S. E. 509, 58 Am. St. R. 309). There was no error in striking so much of the plea as sought to set up. such defense.

Judgment affirmed.

All the Justices concur, except Fish, O. J., absent.

Foreclosure of mortgage. Before Judge Worrill. Miller superior court.

August 9, 1909. W. I. Geer, for plaintiff in error. B. W. Grow and J. B. Pottle, contra.

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