185 Ga. 837 | Ga. | 1938
On exception to a judgment in this case refusing an interlocutory injunction, it was said: “Where a testator bequeathed and devised all of his property, both real and personal, to his wife for life, and at her death to his three adnlt sons, and the wife was named in the will as executrix, and on her own initiative probated the will in solemn form and duly qualified as executrix, going into possession of the property and managing it as her own, and where she applied for a loan on the realty, representing in her written application that the money was desired for use as purchase-money in obtaining the remainder interest of her -three sons, and she acquired from them a warranty deed to their remainder interest, and she then executed to the lender on August 9, 1924, a security deed in which she represented that she owned the property in fee simple and was seized and possessed of the same; and where on December 4, 1933, after application therefor, the widow had set apart as a year’s support for herself the same land conveyed by the aforesaid security deed at the time that she received a loan of $3300.00, and also executed her note for the same; and where, upon default in payment of the loan, the lender was proceeding to sell the land under the power contained in the security deed, and the widow filed a petition to enjoin the sale: Held, that under the facts the widow is estopped from setting np, as against the holder of the security deed, the judgment of the court of ordinary setting apart the land in controversy as a year’s support. The court did not err in denying an injunction.” Wilder v. Federal Land Bank of Columbia, 182 Ga. 551 (186 S. E. 196). The foregoing decides as matter of law that in the circumstances the petitioner was estopped. Therefore the ruling was applicable on trial of the main ease as relates to the question of estoppel where the facts are the same. On the question of estoppel the facts authorized direction of a verdict in favor of the defendant.
The loan in question was applied for and consummated under sec. 771 of the Federal farm-loan act, 12 U. S. C. A. c. 7, §§ 641-1012. The note secured by deed provided for payment of principal and interest according to a plan of amortization, whereby principal and interest for a long term of years were calculated in
Under the pleadings and uncontradicted evidence, the directed verdict for the defendant was demanded, and the judge did not err in refusing a new trial.
Judgment affirmed.