Carswell v. Hartidge
Supreme Court of Georgia
Debtor and creditor. Deeds. Ejectment. Usury. Pleadings. Before Judge Bartlett. Wilkinson Superior Court. April Term, 1875. Hartridge brought complaint against Carswell for certain lands.
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Debtor and creditor. Deeds. Ejectment. Usury. Pleadings. Before Judge Bartlett. Wilkinson Superior Court. April Term, 1875. Hartridge brought complaint against Carswell for certain lands. The defendant pleaded the general issue and the following special pleas: ' 1st. That he is not in possession of any lands in the county of Wilkinson to which plaintiff has any legal title; that the deed under which plaintiff claims was obtained by fraud and deception, and was given to secure the payment of a supposed indebtedness; that plaintiff procured the deed by representing to defendant that it was not…
1Opinion of the Court
Bleckley, Judge.
1. The deed in question was made in pursuance of the statute (Code, section 1969) to secure a debt. By the express declaration of the statute it is not a mortgage, but an absolute conveyance, passing title.- The necessary legal consequence is, that a recovery can be had upon it in ejectment, or in statutory complaint for land, so long as the title remains in the creditor and the debt is unpaid, especially, if the debt, as in this case, is overdue. That the next section of the Code gives a remedy for collecting the money by proceeding to judgment, filing a deed, levying upon…
2Cited by26 opinions
- Luke v. DuPreeSupreme Court of Georgia · 1924
- Bennett v. GreenSupreme Court of Georgia · 1923
- Deen v. Baxley State BankSupreme Court of Georgia · 1941
- Pierce v. Middle Georgia Land & Lumber Co.Supreme Court of Georgia · 1908
- Ashley v. CookSupreme Court of Georgia · 1900
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