Salter v. Bettison

Court of Appeals of Georgia

Salter v. Bettison

79 S.E. 358, 13 Ga. App. 495, 1913 Ga. App. LEXIS 232

CourtCourt of Appeals of Georgia

DecidedSeptember 23, 1913

Docket4930

StatusPublished

This text of 79 S.E. 358 (Salter v. Bettison) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Salter v. Bettison, 79 S.E. 358, 13 Ga. App. 495, 1913 Ga. App. LEXIS 232 (Ga. Ct. App. 1913).

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Opinion

Russell, J.

To entitle a plaintiff in certiorari to another trial, he must show error in the trial under review. The plaintiff in the lower court (the defendant in certiorari) foreclosed a mortgage, and the defendant interposed an affidavit of illegality, based solely upon the ground that the property upon which the levy was made was homestead property and exempt from the debt for which the mortgage was given. The mortgage contained a waiver of homestead, and the record does not disclose any evidence tending to show that the nature of the exemption conferred by the homestead was such as to defeat the lien of the mortgage. The property having been found subject in the justice’s court, the burden was upon the plaintiff in certiorari to show some legal reason why this judgment was erroneous. Having failed to show error in the judgment, the certiorari should have been overruled. Judgment reversed.

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Russell, J.

To entitle a plaintiff in certiorari to another trial, he must show error in the trial under review. The plaintiff in the lower court (the defendant in certiorari) foreclosed a mortgage, and the defendant interposed an affidavit of illegality, based solely upon the ground that the property upon which the levy was made was homestead property and exempt from the debt for which the mortgage was given. The mortgage contained a waiver of homestead, and the record does not disclose any evidence tending to show that the nature of the exemption conferred by the homestead was such as to defeat the lien of the mortgage. The property having been found subject in the justice’s court, the burden was upon the plaintiff in certiorari to show some legal reason why this judgment was erroneous. Having failed to show error in the judgment, the certiorari should have been overruled. Judgment reversed.

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Bluebook (online)

79 S.E. 358, 13 Ga. App. 495, 1913 Ga. App. LEXIS 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salter-v-bettison-gactapp-1913.