Higginson v. Mein
8 U.S. 415

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U.S. Supreme Court

Higginson v. Mein, 8 U.S. 4 Cranch 415 415 (1808)

Higginson v. Mein

8 U.S. (4 Cranch) 415




The act of Georgia confiscating the estate of the mortgagor is no bar to the claim of the mortgagee, a British merchant, whose debt was only sequestered during the war. The estate of the mortgagor only was confiscated, not that of the mortgagee.

The act of limitations of Georgia does not apply to mortgagees. The possession of the mortgagor is not adverse.

Page 8 U. S. 416

This was an appeal from a decree of the Circuit Court for the District of Georgia, which dismissed the complainant's bill brought to foreclose a mortgage.

The facts, as stated by MR. CHIEF JUSTICE MARSHALL in delivering the opinion of the Court, were as follows:

In November, 1769, Alexander Wylly, then residing in Georgia, executed his bond to Greenwood and Higginson, merchants of London, for the sum of

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