Daniel v. Charping
Supreme Court of Georgia
Equitable petition. Before Judge Hodges. Elbert superior court. .February 6, 1920. In 1884 James B. Turner conveyed to Mrs. Sarah E. Charping 120 acres of land in Elbert county, for life, with remainder to her children. The life-tenant, wishing to .obtain a loan upon the land, executed on October 10, 1914, and solely for that purpose, a deed to her eleven children, all of whom were of legal age.
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Equitable petition. Before Judge Hodges. Elbert superior court. .February 6, 1920. In 1884 James B. Turner conveyed to Mrs. Sarah E. Charping 120 acres of land in Elbert county, for life, with remainder to her children. The life-tenant, wishing to .obtain a loan upon the land, executed on October 10, 1914, and solely for that purpose, a deed to her eleven children, all of whom were of legal age. On the same date ten of the children conveyed their interest in the land to one of the children, to wit, J. H. Charping. The latter entered into a written agreement to reconvey the land to the…
1Opinion of the CourtGeorge, J.
1. A deed absolute in form may be shown to have been made to secure a debt, where the maker remains in possession of the land. Civil Code, § 3258; Bashinski v. Swint, 133 Ga. 38 (65 S. E. 152); Mercer v. Morgan, 136 Ga. 632 (71 S. E. 1075); Renitz v Williamson, 149 Ga. 241 (99 S. E. 869).
2. Accordingly, the court did not err in overruling the demurrer to the petition, and in admitting in evidence upon the trial of the case parol testimony tending to sustain the allegations of the petition, it appearing that the plaintiff in the equitable suit remained in the possession of the land.
3. That the…
2Cases cited3 opinions
- Mercer v. MorganSupreme Court of Georgia · 1911
- Bashinski v. SwintSupreme Court of Georgia · 1909
- Renitz v. WilliamsonSupreme Court of Georgia · 1919
3Cited by13 opinions
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- Abbott v. StateCourt of Appeals of Georgia · 1955
- Valdosta Coca Cola Bottling Works, Inc. v. MontgomeryCourt of Appeals of Georgia · 1960
- Shirley v. ShirleySupreme Court of Georgia · 1952
- Rauch v. ShanahanCourt of Appeals of Georgia · 1972
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