McIntire v. Garmany

Russbu,. j.

1, The right oi creditors to subject to the payment of their judgments the surplus realized trom a sale under a security deed is superior to the claim of a transferee of the bond to reconvey whose interest was acquired subsequently to the date of the judgments. O’Connor v. Georgia Railroad Bank, 121 Ga. 88 (48 S. E. 716) E converso, the transferee of a. bond to reconvey whose transfer is anterior to a judgment against the transferor of the bond will be entitled to take the surplus derived from the sale of property conveyed to secure a debt.

2. Generally, in the absence of fraud, the…