Debt Due in Installments; Treatment of Surplus

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If the deed is given to secure debts due by installments and is enforced before any one of the installments falls due and there is a surplus of funds as stated in Code Section 44-14-125, the court may retain the funds or order them to be invested to meet the unpaid installments.

(Ga. L. 1896, p. 76, § 7; Civil Code 1910, § 3317; Code 1933, § 67-1207.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 55 Am. Jur. 2d, Mortgages, § 790.

C.J.S.

- 59A C.J.S., Mortgages, § 962.

ARTICLE 6 EXPIRATION AND EXTENSION OF INSTRUMENTS AFFECTING PERSONALTY

RESEARCH REFERENCES

ALR.

- What are "tools," "implements," "instruments," "utensils," or "apparatus" within the meaning of debtor's exemption laws, 9 A.L.R. 1020; 36 A.L.R. 669; 52 A.L.R. 826.

Validity and effect, as to previously recorded instrument, of statute which places or changes time limit on effectiveness of record of mortgages or other instruments, 133 A.L.R. 1325.


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