Dykes v. McVay
Supreme Court of Georgia
Deeds. Title. Ejectment. Debtor and Creditor. Evidence. Before Judge Pate. Pulaski Superior Court. November Adjourned Term, 1880. McVay brought ejectment against Dykes, trustee. On the trial the evidence showed, in brief, the following facts : Dykes, as trustee of Mrs. McGriff, conveyed the land now sued for to McVay to secure a debt. The deed was an ordinary warranty deed, signed by the trustee.
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Deeds. Title. Ejectment. Debtor and Creditor. Evidence. Before Judge Pate. Pulaski Superior Court. November Adjourned Term, 1880. McVay brought ejectment against Dykes, trustee. On the trial the evidence showed, in brief, the following facts : Dykes, as trustee of Mrs. McGriff, conveyed the land now sued for to McVay to secure a debt. The deed was an ordinary warranty deed, signed by the trustee. On it, and recorded with it, was an affidavit by Mrs. McGriff to the effect that as sole beneficiary of the trust she voluntarily consented to the making of the deed. This was attested like an…
1Opinion of the Court
Jackson, Chief Justice.
This was an action of ejectment brought for the recovery of a tract of land. The land had been conveyed by deed to the plaintiff by the defendant to secure a debt. The plaintiff had sued the debt to judgment, conveyed the land back in order to sell it to pay the judgment, levied upon it, an'd was met by affidavit of illegality, which was pending on appeal when plaintiff sued in ejectment for the land, and recovered a verdict. A motion was made for a new trial; it was denied, and defendant excepted.
1. The deed made by the trustee with-the consent of the sole beneficiary…
2Cases cited4 opinions
- Broach v. BarfieldSupreme Court of Georgia · 1876
- Johnson v. Griffin Banking & Trust Co.Supreme Court of Georgia · 1876
- Welchel v. ThompsonSupreme Court of Georgia · 1869
- Wynn, Sims & Co. v. FicklenSupreme Court of Georgia · 1875
3Cited by27 opinions
- Harden v. LangSupreme Court of Georgia · 1900
- Parrott v. BakerSupreme Court of Georgia · 1889
- Bennett v. GreenSupreme Court of Georgia · 1923
- Ashley v. CookSupreme Court of Georgia · 1900
- Ray v. PitmanSupreme Court of Georgia · 1904
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