128 Ga. 510 | Ga. | 1907
(After stating the facts.)
The power in the mortgage under consideration declares that-the sale shall be “before the court-house door in the town of Isabella, 6a.” The question is whether it was the intention of the parties that the sale should be held at the place for legal sales, for Worth County, or whether it was the intention that the sale' should be at the town of Isabella, without reference to whether legal sales were conducted at that place. A sale could never be had in strict compliance with the power; for the reason that at the date of the sale there was no court-house door in the town of Isabella. It may be that the old building formerly used was' still there, but it was no longer the court-house of the county. It does, not appear that the land was situated in the town of Isabella, nor is there anything'to indicate whether it was nearer the town, of Isabella than to the City of Sylvester. It would be a reasonable construction of the terms of the power that it was the intention.
Judgment affirmed.