Hand v. Matthews
Supreme Court of Georgia
Equitable petition. Before Judge Searcy. ' Fayette superior court. February 19, 1921. Lee Hand brought suit against A. L. Matthews as administrator of Samuel Westmoreland, and made this case: He is the owner of a described tract of land. This land formerly belonged to Westmoreland, who, on October 20, 1909, deeded the same to K. B. Banks to secure a debt due by the former to the latter.
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Equitable petition. Before Judge Searcy. ' Fayette superior court. February 19, 1921. Lee Hand brought suit against A. L. Matthews as administrator of Samuel Westmoreland, and made this case: He is the owner of a described tract of land. This land formerly belonged to Westmoreland, who, on October 20, 1909, deeded the same to K. B. Banks to secure a debt due by the former to the latter. Banks delivered to Westmoreland his bond for title, conditioned to re-convey to the latter on the payment of said debt. On January 21, 1913, Westmoreland transferred said bond to Hand to secure a debt due by…
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
1. In the first ground of the amendment to the plaintiff’s motion for new trial it is alleged that the court erred in the following charge to the jury: “ If you believe from the evidence that the contract for the sale of the land was made by Samuel Westmoreland to Mr. Lee Hand, December 21, 1914, was made for the purpose of securing a debt, and was not intended to convey absolute title to Lee Hand, then, upon the payment of the debt and interest on it, the defendant would be entitled to recover the land.” It it insisted that this charge was not adjusted to…
2Cases cited7 opinions
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