No syfertize treatment data for this case.
Nahum H. Wood, in error
v.
Hugh O. K. Nisbet, in error
v.
Hugh O. K. Nisbet, in error
Jun 15, 1856.
20 Ga. 72
Hood & Robinson, for plaintiff in error.\",",",",<p>[1.] If A buy laud of B
Lumpkin.
defendant moved to continue | giVing his notes in payment
By the Court.
Lumpkin, J.delivering the opinion.
[1.] This. is a proceeding at Law, under our mortgage foreclosure Act. Wood bought land of Nisbet, gave his notes, signed as trustee 'for his wife, and a mortgage on the land to secure the purchase money, signed in the same way. Wood, therefore, as trustee, is the mortgagor; and under the Statute, he is the party to be served.
Were the case in Equity, the rule might be different. In Equity, the cestui que trust should be made a party, where the litigation is on account of any matter which concenxs the execution of the trust.