Smith v. Merchants & Farmers Bank

Nichols, Justice.

The trial court relying upon the decisions in Todd v. Morgan, 215 Ga. 220 (109 SE2d 803), Hames v. Hames, 220 Ga. 595 (140 SE2d 844), and Drake v. Barrs, 225 Ga. 597 (170 SE2d 684), held the Act of 1941 (Ga. L. 1941, p. 487) unconstitutional. Each of those cases dealt with a security deed executed prior to the enactment of the 1941 Act, and each case held that as applied to a security deed executed prior to the effective date of such Act the Act was unconstitutional, but none of such cases held that the Act was unconstitutional as to a security deed executed after the…