179 Ga. 867 | Ga. | 1934
As appears from the record in this case, Mrs. Edith L. Stanton, on August 1, 1928, borrowed $5000 from the Mortgage Guarantee Company of America, and to secure the loan conveyed by security deed a rectangular lot 80 by 190 feet in the City of Wayeross. Mrs. Stanton at the same time executed a promissory note for the principal sum of $5000, with interest thereon at 7 per cent, per annum, payable semi-annually. In the se
We are of the opinion that the judgment was correct and in accordance with law. No copy of the security deed, or of the notes, or of the advertisement is set forth in the petition or attached as an exhibit. Construing the petition most strongly against the pleader, the principal and unpaid increment of interest payable
The allegation that due to remedial legislation conditions were-rapidly improving, and that the plaintiff would therefore be able in the near future to discharge her indebtedness without embarrassment, is without merit, if for no other reason, because it is too vague and indefinite to be capable of enforcement. In the petition it is stated that the petitioner has made application to the Home Owners Loan Corporation for funds with which to discharge her indebtedness, but it is not stated that the loan has been approved by that corporation. Construing the pleadings as a whole, the petitioner admits indebtedness of a portion of the interest and a portion of the taxes, but does not allege that she has tendered payment of either to the creditor, nor that she has paid into court the amount she admits and which her pleadings show to be legally due. “Before a borrower who has executed such a deed can have affirmative equitable relief, such as injunction to prevent the exercise of the power of sale by the grantee in such security deed, he must pay or tender to such grantee the principal and lawful interest due to him.” Liles v. Bank of Camden County, 151 Ga. 483 (107 S. E. 490). See also Echols v. Green, 140 Ga. 678 (5) (79 S. E. 557); Patterson v. Moore, 146 Ga. 364 (91 S. E. 116); Polite v.
Judgment affirmed.