Woods v. Roberts

Supreme Court of Georgia

Woods v. Roberts

22 S.E. 986, 97 Ga. 254

CourtSupreme Court of Georgia

DecidedAugust 5, 1895

StatusPublished

Cited by5 cases

This text of 22 S.E. 986 (Woods v. Roberts) 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

Woods v. Roberts, 22 S.E. 986, 97 Ga. 254 (Ga. 1895).

Pincite

Opinion

Atldnson, J.

To a proceeding to foreclose a mortgage under the provisions of the pleading act of 1893, a plea of not indebted, though supplemented by the allegation that the mortgage “was obtained by fraud on the part of the plaintiff,” without alleging the particular fraudulent acts relied upon to defeat a recovery, is not such an issuable defense as prevents the granting of a rule absolute; and therefore the court did not err in striking such plea. Judgment affirmed.

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Atldnson, J.

To a proceeding to foreclose a mortgage under the provisions of the pleading act of 1893, a plea of not indebted, though supplemented by the allegation that the mortgage “was obtained by fraud on the part of the plaintiff,” without alleging the particular fraudulent acts relied upon to defeat a recovery, is not such an issuable defense as prevents the granting of a rule absolute; and therefore the court did not err in striking such plea. Judgment affirmed.

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Bluebook (online)

22 S.E. 986, 97 Ga. 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-roberts-ga-1895.

Opinion

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