Legal Opinion
Coley v. Altamaha Fertilizer Co.
Supreme Court of Georgia
Decided July 11, 1917PublishedCited by 5 opinions
Claim. Before Judge Highsmith. Jeff Davis superior court. April 29, 1916.
1Opinion of the CourtEish, C. J.
A judgment against a grantor, obtained after the execution by him of a security deed, but prior to its being filed for record in the county where the land lies, is superior to such deed. Civil Code, §§ 3307, 3320; Cabot v. Armstrong, 100 Ga. 438 (3), 443 (28 S. E. 123); Cambridge Tile Co. v. Scaife & Sons Co., 137 Ga. 281 (2) (73 S. E. 492).
{a) The lien of a judgment being superior to a conveyance by subsequent deed) the provisions of the'Civil Code, § 6038, do not apply. That section relates to the payment of a secured debt by the holder of the judgment (a stranger to the security deed)…
2Cases cited2 opinions
- Cambridge Tile Co. v. Scaife & Sons Co.Supreme Court of Georgia · 1911
- Cabot v. ArmstrongSupreme Court of Georgia · 1897
3Cited by5 opinions
- Saunders v. Citizens First National BankSupreme Court of Georgia · 1927
- Caldwell v. Northwest Atlanta BankSupreme Court of Georgia · 1942
- In re HammettDistrict Court, N.D. Georgia · 1923
- Butler v. LaGrange Grocery Co.Court of Appeals of Georgia · 1923
- Mack Trucks, Inc. v. Ryder Truck Rental, Inc.Court of Appeals of Georgia · 1964