Buchan v. Williamson
Supreme Court of Georgia
Equitable petition. Before Judge Martin. Dodge superior court. November 27, 1907. S.. A. Buchan and others, as the widow and children of T. J. Buchan, filed an equitable petition against A. G-. ’Williamson, to cancel a deed made by the sheriff to the defendant, and to compel a cancellation of a deed to secure a debt, or, in lieu thereof, a re-conveyance of the property therein described.
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Equitable petition. Before Judge Martin. Dodge superior court. November 27, 1907. S.. A. Buchan and others, as the widow and children of T. J. Buchan, filed an equitable petition against A. G-. ’Williamson, to cancel a deed made by the sheriff to the defendant, and to compel a cancellation of a deed to secure a debt, or, in lieu thereof, a re-conveyance of the property therein described. It was alleged, that the administrator of Buchan had consented to the bringing of this suit by the heirs; that Buchan, on January 10, 1895, made a deed to Williamson to secure an indebtedness of $1,000,…
1Opinion of the CourtAtkinson, J.
1. By previous decisions of this court it has been held, since tiie act of December 27, 1894 (Civil Code, § § 5432-5433), that where a deed to secure an indebtedness has been made and bond for title given to the grantor to make a reconveyance upon payment of the debt, he has not a leviable interest until redemption has been made either by him or by a judgment creditor desiring to subject the property; and that where an execution against the holder of the bond for titles was levied upon the land held thereunder, without his being revested with title, a sale under such a levy passed no title to…
2Cases cited9 opinions
- Shumate v. McLendonSupreme Court of Georgia · 1904
- Polhill v. BrownSupreme Court of Georgia · 1890
- Ripley v. Eady & MayfieldSupreme Court of Georgia · 1899
- Gunn v. JamesSupreme Court of Georgia · 1904
- Lambert Hoisting Engine Co. v. Bray & Co.Supreme Court of Georgia · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Foster v. FosterSupreme Court of Georgia · 1951
- Olds Motor Works v. Olds Oakland Co.Supreme Court of Georgia · 1913
- Brinsfield v. RobbinsSupreme Court of Georgia · 1936
- Wilson v. Central of Georgia Railway Co.Supreme Court of Georgia · 1909
- Coates v. JonesSupreme Court of Georgia · 1914
11 more not listed; retrieve them via the Exa API.