Flowers Lumber Co. v. Bush

1. In this State a security deed passes legal title to land (Civil Code, § 3306), and where, as in this case, the leasehold of the plaintiff is under one who, by making a security deed to his creditor, has divested himself of the legal title, and the plaintiff has no more than a mere possession of the land upon which the trespass is alleged to have been committed, he can not maintain his action for damages to the realty. See Morris v. McCamey, 9 Ga. 160; Hitch v. Bailey, 115 Ga. 891 (42 S. E. 252).

2. The evidence demanded a finding that the legal title to the property, upon which the…