Fowler v. Bank of Americus
Fowler v. Bank of Americus
Opinion of the Court
The Bank of Americus sought, by scire facias against J. B. Fowler, administrator of the estate of B. C. Williford, to revive a judgment foreclosing a mortgage. It was alleged in the hank’s petition that Williford, on April 8, 1884, executed to the bank a mortgage on certain described realty situated in Taylor county, to secure a debt of a given amount to become due October 1, 1884; that at the August term, 1886, of the superior court of Taylor county, a judgment of foreclosure was rendered, and a fi. fa. issued thereon September 3; that Williford subsequently died, and Fowler was appointed administrator upon his estate. The defendant, by a demurrer to the plaintiff’s petition, made the point that a judgment foreclosing a mortgage does not become dormant. The court overruled the demurrer, and the defendant excepted. We think the demurrer should have been sustained- and the petition dismissed. It was held, as early as Butt v. Maddox, 7 Ga. 495, that judgments on the foreclosure of mortgages are not within the dormant-judgment act, and this ruling has been consistently followed. This is so because such a judgment creates no lien. The lien of a mortgage arises by the contract of the parties in executing
Judgment r ever sed.
Reference
- Full Case Name
- FOWLER, administrator v. BANK OF AMERICUS
- Cited By
- 6 cases
- Status
- Published