Georgia Reports Volume 99

Georgia Reports Volume 99

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...upon by the distress warrant to secure the payment of a certain indebtedness which he (White) owed to Howard, the defendant in error. Thereupon Foute proceeded to the place of business of Howard, told him of Vhite's instructions, asked for and received from him the promissory note for the purpose of securing which the mortgage was to be executed, andthen went to the store of Wliite for the purpose of having the mortgage signed. Foute testified (and his testimony upon that point is corroborated by that of several other witnesses), that just upon the instant of his attesting the mortgage as a notary public, the oflicer charged with executing the distress warrant entered the building; that at the time the officer entered the building the mortgage had been signed by the maker and by one subscribing witness, but as to whether it had been in fact signed by him as a subscribing witness in his ofiicial character as notary public, he did not remember accurately, though such was his best recollection; that as the sheriff entered and spoke to Mr. White, he folded up the paper and stepped out of the door, going directly to the office of the clerk of the superior court, where he delivered it to the clerk for record; that he had 11013 been employed by Howard, the mortgagee. to take the mortgage, but in procuring it as security for the payment of the debt he considered himself as representing Howard; that Howard gave him no directions as to having the mortgage filed, but that he knew this was necessary, and he did it upon his own motion. He further testified, that at the time Vhite came to see him about preparing the mortgage, White stated to him that he expected Jones, the plaintiff in the distress warrant, to close him up under that proceeding, ...show more

Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236910982
  • 9781236910981