Rathel v. Fort
Rathel v. Fort
134 Ga. 268; 67 S.E. 417; 1910 Ga. LEXIS 164
Rathel v. Fort
Opinion of the Court
In a suit against a mortgagor individually to foreclose a mortgage on land, it is no defense to the foreclosure that after the mortgage was given a part of the land covered by the mortgage had been set apart to the defendant as the head of a family for a homestead. See Rutledge v. McFarland, 75 Ga. 774; Derrick v. Sams, 98 Ga. 397 (25 S. E. 509, 58 Am. St. R. 309). There was no error in striking so much of the plea as sought to set up. such defense.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.