115 Ga. 981 | Ga. | 1902
The defendant in error by bis petition duly filed ■prayed that Mrs. Johnston be required to execute and deliver to him •good and sufficient titles in fee simple to certain land in Monroe •county, this State, which he fully described. The following facts are made to appear by the evidence: Gulledge purchased from Mrs. Johnston the land which is the subject-matter of his petition, •agreeing to pay therefor the sum of $650, for which he gave two notes, each for $325, one to become due November 1, 1897, and ■the other November 1, 1898, payable to “M. C. Johnston, or •order.” The first of these notes he paid to Mrs. Johnston when •due. The second was deposited as collateral with the Griffin Savings Bank, to secure the payment of three notes for $78.31 each, signed by Mrs. Johnston, which were in renewal of a note for $209.77, signed by herself, her husband, and her son. She claimed that this original note for $209.77 was not her debt, but that of her husband. She further claimed that she did not authorize any one to pledge the second noté given to her by Gulledge, as collateral to secure the payment of these notes, and she notified Gul
Judgment affirmed.