97 Ga. 660 | Ga. | 1896
“Georgia, Eulton county. Eor value received, the Home Building & Loan Association hereby transfers to H. O. Stockdell, Joel Hurt and A. L. Waldo all the claims of said Home Building and Loan Association against the following •parties, to wit: [naming several persons, among whom was E. M. Yan Pelt], said claims having arisen from said parties borrowing as members of said association.
“In witness whereof the said Home Building & Loan Association has hereunto set its hand and seal this 12th day of December, 1888.
The Home Building & Loan Association (Seal)
by George Winship, President,
by Joel Hurt, Sect. & Treasurer.”
It appears that Yan Pelt had borrowed from the association a certain amount of money, for which he had given his promissory note, -secured by fifteen shares of the stock of the association, and by a deed, under section 1969 of the code, to certain realty in the city of Atlanta. It appears further, that he failed and refused to pay his dues to the association as required by the by-laws, and failed also to pay the taxes due upon the.property to the State, county and city, and the association had been compelled to redeem the property after it had been sold for taxes, and subsequently bought it in at another tax'sale and received a deed thereto, made in pursuánce of such sale. The parties to whom the assignment above set out was made filed their equitable petition to the superior court, wherein these facts were
The petition was demurred to on various grounds, which were overruled, and the defendant excepted.