Allen v

Glenn, 87 Ga. 414, 13 S.E. 565, 1891 Ga. LEXIS 177 (1891). Action for damages for breach of bond with a prayer of foreclosure. — An action of an equitable nature under 44-14-49 O.C.G.A. § 44-14-49 by a building and loan association for damages resulting from the breach of a bond given to it by a member to whom it had made an advance upon the member’s stock, with a prayer for the foreclosure of a mortgage which the member had executed to secure the payment of such damages, was well brought. Morgan v. Interstate Bldg. & Loan Ass’n, 108 Ga. 185, 33 S.E. 964, 1899 Ga. LEXIS 210 (1899). Failure to issue execution on judgment. — Where upon a petition to foreclose a mortgage in equity under O.C.G.A. § 44-14-49 a judgment was rendered foreclosing the mortgage, while, so far as the same may purport to be a general personal judgment, it is dormant because of failure to issue an execution thereon in terms of the statute relating to dormancy of judgments, it is valid and enforceable as a decree foreclosing a mortgage. Conway v. Caswell, 121 Ga. 254, 48 S.E. 956, 1904 Ga. LEXIS 101 (1904); Lindsey v. Porter & Garrett, 140 Ga. 249, 78 S.E. 848, 1913 Ga. LEXIS 96 (1913). Holder of one of several notes secured by same mortgage may foreclose the mortgage in equity. The holder of the other notes is a proper, even if not a necessary, party to the proceeding. Willingham & Cone v. Huguenin, 129 Ga. 835, 60 S.E. 186, 1908 Ga. LEXIS 205 (1908). Sufficiency of petition. Ford v. Tifton Guano Co., 144 Ga. 353, 87 S.E. 274, 1915 Ga. LEXIS 200 (1915).