Brown v. Bonds
Supreme Court of Georgia
Injunction. Before Judge Spence. Baker superior court. February 12, 1906. The petition of Lon Bonds set forth the following allegations: On December 1, 1903, Mrs. C. G. Brown loaned to plaintiff the sum of $406.68, and to secure this loan required plaintiff to make to her a warranty deed to certain lands in Baker county, it being understood and agreed that the deed was given merely for the purpose of securing the debt and interest thereon at the rate of twelve per cent, per…
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Injunction. Before Judge Spence. Baker superior court. February 12, 1906. The petition of Lon Bonds set forth the following allegations: On December 1, 1903, Mrs. C. G. Brown loaned to plaintiff the sum of $406.68, and to secure this loan required plaintiff to make to her a warranty deed to certain lands in Baker county, it being understood and agreed that the deed was given merely for the purpose of securing the debt and interest thereon at the rate of twelve per cent, per annum for ten and one half months. During the year 1904 plaintiff obtained from Mrs. Brown supplies and other advances…
1Opinion of the CourtEvans, J.
(After stating the facts.) The granting of the injunction was resisted by demurrer to the petition and by answer. Under the facts alleged in the petition, petitioner was entitled to have the writings executed by her to the defendant, Mrs. Brown, surrendered up and canceled. Bell v. Weyman, 99 Ga. 273. The gravamen of the petition is the cancellation of a deed alleged to have been given as security for a debt, after tender of the debt with legal interest and the refusal of the creditor to accept the same; and also the cancellation of a paper termed “release,” alleged to have been procured by a…
2Cases cited6 opinions
- Patrick v. CobbSupreme Court of Georgia · 1905
- Johnson v. ThrowerSupreme Court of Georgia · 1903
- Felton v. GrierSupreme Court of Georgia · 1899
- Walden v. WaldenSupreme Court of Georgia · 1905
- Nethery v. PayneSupreme Court of Georgia · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cowart v. SingletarySupreme Court of Georgia · 1913
- Pope v. ThompsonSupreme Court of Georgia · 1924
- Manget Realty Co. v. Carolina Realty Co.Supreme Court of Georgia · 1929
- Crawford v. CrawfordSupreme Court of Georgia · 1913
- Barnett v. LewisSupreme Court of Georgia · 1942
8 more not listed; retrieve them via the Exa API.