146 Ga. 440 | Ga. | 1917
Hunt brought his equitable petition against Norman Pool, Mrs. Leila Menkee, and Mrs. James Gillespie, alleging as follows: On December 10, 1909, Pool, who was the owner of a lot of land in Atlanta,Georgia, procured from an insurance company a loan of $2500 for a term of five years, and to secure its payment executed a deed to the land, which deed was duly recorded. On June 16, 1911, Pool sold the property to Mrs. Menkee for $5,000, and executed to her his bond for title, she assuming the obligation to pay the loan of $2500 and' interest, and in addition executing and delivei’ing to Pool her sixty-six promissory notes for $30 each and one for $20. Afterwards Pool sold and assigned for value, before their maturity, these said notes to one Reynolds. On August» 29, 1913, Mrs. Menkee sold her interest in the land to Mrs. Gillespie, transferring to her the bond for title. Mrs. Gillespie assumed the payment, of the $2500 debt to the insurance company, as well as the payment of 41 of the purchase-money notes payable to Pool and by him indorsed and transferred to Reynolds. Mrs. Gillespie in addition gave her 34 promissory notes for $30 each, and one for $10, payable to Mrs. Menkee, which notes are not yet due, together with other valuable consideration. Mrs. Gillespie failed to pay 33 of the 41 notes transferred to Reynolds, and failed to pay the interest upon the $2500 loan due to the insurance company, and failed to pay the prin
Judgment affirmed.