Walker v. Hillyer

Supreme Court of Georgia

Walker v. Hillyer

58 S.E. 715, 129 Ga. 237, 1907 Ga. LEXIS 339

Procedural entryThis page is a short order in Walker v. Hillyer. Read the opinion of the Court — 124 Ga. 857 →

Supreme Court of Georgia·Decided August 10, 1907·Published

Opinion

Evans, J.

In 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.

Judgment 'affirmed.

All the Justices concur.

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Evans, J.

In 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.

Judgment 'affirmed.

All the Justices concur.

Walker v. Hillyer, 58 S.E. 715, 129 Ga. 237, 1907 Ga. LEXIS 339 (Ga. 1907).

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