Broach v. Smith
Supreme Court of Georgia
Deeds. Mortgages. Interest and Usury. Title. Practice in Supreme Court. Equity. Words and Phrases. Liens. Vendor and Purchaser. Before Judge Lawson. Jones Superior Court.
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Deeds. Mortgages. Interest and Usury. Title. Practice in Supreme Court. Equity. Words and Phrases. Liens. Vendor and Purchaser. Before Judge Lawson. Jones Superior Court. April Term, 1885. On February 5, 1873, A. H. Broach gave Washington Kelly, the testator of the defendants in error, his note for $2,437.67, due twelve mouths after date, receiving $2,051.09 in cash, which he used to pay the unpaid purchase money (one-half) of about six hundred acres of land in Jones county, bought from Hunt and others. To secure the debt, Broach made to Kelly a deed to the land and to about four hundred…
1Opinion of the Court
Blandford, Justice.
This was a bill filed by Kelly against Broach to foreclose as an equitable mortgage deed made by Broach to Kelly, which deed is void as title by reason of usury. The deed was made as security for money advanced by Kelly to Broach, and a bond for title was given to Broach by Kelly, conditioned to make titles to the land when Broach should pay the money loaned. Broach gave his note for the money borrowed from Kelly. After this, Broach was adjudged a bankrupt and received his discharge in bankruptcy.
The question m this case is, can a conveyance made under section 1969 of the…
2Cited by9 opinions
- Moyers v. StateSupreme Court of Georgia · 1938
- Pope v. MarshallSupreme Court of Georgia · 1887
- Pusser v. ThompsonSupreme Court of Georgia · 1909
- Jordan v. StateSupreme Court of Georgia · 1907
- Beach v. LattnerSupreme Court of Georgia · 1897
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