176 Ga. 813 | Ga. | 1933
W. L. Wilder filed a petition against the Federal Land Bank of Columbia, seeking to enjoin the defendant from
The petition admits the execution of the notes and deed, and does not allege that there is any ambiguity or incompleteness in the contract, but says that at the time the contract was executed it was verbally agreed and understood that with conditions then prevailing, and which have continued to prevail, he was to have time in which to pay for the land, and that in the event he was unable to meet the semi-annual payments he would not be forced by the
Fraud is next stated as a reason why equity should intervene and set aside the security deed and require the defendant to repay to plaintiff sums alleged to have been paid on the purchase-price. N'o facts are alleged which enable the court to determine whether such facts would constitute fraud. The mere allegation that the note and deed were procured by fraud was insufficient to meet the demurrer upon that point. Especially is this true, as inferable from the allegations of the petition, that the fraud consisted in an alleged verbal promise to which we have referred, and which must have been included in the writing signed by the petitioner in order to be effective.
The allegation that the government of the United States has appropriated to “said land banks” $125,000,000 to enable them to extend liberal terms to those in their debt, and that the Federal Land Bank of Columbia has granted and is granting extensions of time, but that this privilege is denied to petitioner, and is a discrimination in violation of the 14th amendment to the constitution of the United States, as matter of law presents no defense. The Federal statute upon this subject empowers the directors of the bank, when in their judgment “conditions justify it, to extend, in whole or in part, any obligation that may be or become unpaid under the terms of any mortgage, and to accept payment of any such obligation during a period of five years or less from the date of such extension in such amounts as may be agreed upon at the date of making the extension. The sum of $25,000,000 of the amount authorized- to be appropriated under section 5 of this act, as amended, shall be used exclusively for the purpose of supplying, any bank with funds to use in its operations in place of any amounts of which such bank may be deprived by reason of extensions made as provided in this paragraph.” U. S. Statutes 1931-1932, p. 24; U. S. C. A. 1932, Cum. Supp. 59, title 12. This act simply states
Judgment affirmed.