Georgia Court of Appeals, 1908

Cordele Grocery Co. v. Thigpen

Cordele Grocery Co. v. Thigpen
Georgia Court of Appeals · Decided July 31, 1908 · Powell
4 Ga. App. 643; 62 S.E. 97; 1908 Ga. App. LEXIS 498
Cordele Grocery Co. v. Thigpen

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Powell, J.

This case is controlled by Cloud v. Scarborough, 3 Ga. App. 7 (59 S. E. 202). Where a mortgage on the property oí the principal debtor is taken simultaneously with the creation of the suretyship, the creditor owes to the surety the duty of having it properly probated and recorded within a reasonable time, and a failure to do this relieves the surety. Judgment affirmed.

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