151 Ga. 458 | Ga. | 1921
(After stating the foregoing facts.)
The ground of illegality alleging the ownership of the mortgage and execution to be in a third party, and that such third party was seeking to enforce the execution in the name of the plaintiff therein, set up no defense available to the defendant in this ease.
And the delivery of the personal property embraced in the mortgage into the hands of the plaintiff or his agent, or into the control of one of them, prior to the foreclosure of the mortgage, should have been pleaded upon the foreclosure, either as payment or by way of accord and satisfaction.
Judgment affirmed.