Cordele Banking Co. v. Powers

Quillian, Justice.

The bank contends that it was empowered under the drag-net clause of the deed Mrs. Mattie Powers and her husband, Jack Powers, executed to secure the payment of a note they both signed to sell under a power of sale contained in the deed, a one-half interest of the land therein described as property of Jack Powers to satisfy notes which he alone owed the bank, as against a deed of gift Powers had subsequently made to> his wife.

The drag-net clause referred to reads: “one note dated 2-17-59, due 1-1-60, for $7,000.00 as well as to secure the payment of any other indebtedness…