111 Ga. 664 | Ga. | 1900
It appears from tbe record, that Clifton borrowed from the Bank of Thomasville $7,000, for which sum he gave his promissory note with a stipulation for the payment of $700 liquidated damages (presumably attorney’s fees) in case tbe note had to be collected by suit. For the purpose of securing the note, he made the bank a deed to certain land on Nov. 14, 1892. In 1898 the bank brought suit against Clifton on the note, and prayed for a judgment on the note, and also for a special lien on the land. No defense was made, and the judge rendered a judgment on the note and granted the prayer of the petition for a special lien on the land. This was done without the intervention of a jury. In 1893 and 1894 other creditors obtained common-law judgments against Clifton. Subsequently Clifton was adjudicated a bankrupt, and Bush was appointed trustee. In 1899 the bank had its execution, based on the judgment rendered in 1898, levied on the land.
Judgment affirmed.