Broach v. O'Neal

• Decision Date: 17 September 1894
• Citation: 20 S.E. 113,94 Ga. 474
• Parties: BROACH et al. v. O'NEAL.
• Court: Georgia Supreme Court

20 S.E. 113

94 Ga. 474

BROACH et al. v. O'NEAL.

Supreme Court of Georgia

September 17, 1894

Syllabus by the Court.

1.Where a mortgagor, owning at the time of executing the mortgage a tract of land lying all in one body, describes the same in the mortgage as containing 1,000 acres, more or less and all the contiguous owners are mentioned save one, and the mortgagor himself is not named as a contiguous owner, nor any division of the tract into two parts is indicated or hinted at, and nothing appears to show or suggest that the mortgagee understood or suspected that it was the purpose of the mortgagor to except or reserve any portion of the tract, the mortgage is rightly construed as embracing the whole tract although, upon an actual survey afterwards made, the contents are found to be 71.7 acres more than 1,000.The omission of the name of one of the contiguous owners should be treated as casual or accidental.

2.The omission of the words "more or less" after the words "one thousand acres" from the execution founded on the judgment of foreclosure, and from the entry of levy, as made thereon by the sheriff, will not vitiate the sale as a sale of the whole tract, nor limit the quantity sold and rightly to be conveyed by the sheriff to 1,000 acres of the tract.A deviation from the mortgage and from the judgment of foreclosure in so slight an element of description, the other terms of the description being substantially adhered to, and being apparently sufficient to locate and identify the premises, is of no real moment...