8 S.E.2d 391 | Ga. | 1940
1. Where the petition alleges that described lands were sold on February 5, 1935, under a power contained in a security deed by John E. Lee, it is not subject to demurrer on the ground that it does not allege by whom the sale was made; and if by the plaintiff, it shows no transfer of the security deed or authority of plaintiff to make the sale.
2. The petition being a suit in equity against the maker of a promissory note and one who assumed the payment thereof, for judgment for a stated balance due thereon, alleging that the plaintiff is the owner and holder of the note, an attached copy of which shows that it is indorsed in blank by the payee, the petition is not subject to demurrer on the ground that it fails to allege whether or not the plaintiff is a purchaser for value, before maturity, and in due course.
2. Paragraph 5 of the demurrer constitutes no valid attack upon the petition. The petition conforms to all legal requirements with reference to showing the plaintiff's right to sue on the note, when it sets forth copy of the same, showing indorsement in blank by the payee and the amount due thereon, and alleges that plaintiff is the owner and holder thereof. These facts make a prima facie case of "holder in due course." Code, § 14-509. When the Mortgage Guarantee Company of America, the payee, signed its name on the back of the note sued on, that, without more, constituted an indorsement in blank. Code, § 14-402; Heard v. DeLoach,
Judgment reversed. All the Justices concur.