Wood v. Nisbet

Supreme Court of Georgia

Wood v. Nisbet

20 Ga. 72

CourtSupreme Court of Georgia

DecidedJune 15, 1856

DocketNo. 14

StatusPublished

This text of 20 Ga. 72 (Wood v. Nisbet) 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

Wood v. Nisbet, 20 Ga. 72 (Ga. 1856).

Pincite

Opinion

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] This. is a proceeding at Law, under our mortgage foreclosure Act. Wood bought land of Nisbet, gave his notes, signed as trustee 'for his wife, and a mortgage on the land to secure the purchase money, signed in the same way. Wood, therefore, as trustee, is the mortgagor; and under the Statute, he is the party to be served.

Were the case in Equity, the rule might be different. In Equity, the cestui que trust should be made a party, where the litigation is on account of any matter which concenxs the execution of the trust.

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By the Court.

Lumpkin, J.

delivering the opinion.

[1.] This. is a proceeding at Law, under our mortgage foreclosure Act. Wood bought land of Nisbet, gave his notes, signed as trustee 'for his wife, and a mortgage on the land to secure the purchase money, signed in the same way. Wood, therefore, as trustee, is the mortgagor; and under the Statute, he is the party to be served.

Were the case in Equity, the rule might be different. In Equity, the cestui que trust should be made a party, where the litigation is on account of any matter which concenxs the execution of the trust.

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Bluebook (online)

20 Ga. 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-nisbet-ga-1856.