Elmore v. Southern Bank & Trust Co.

I can not agree with the opinion of the majority of the court on the merits of this case. I think the principle announced in Bennett Lumber Co. v. Martin, 132 Ga. 491 (64 S. E. 484), should control this case and the judgment should be affirmed. In that case the Supreme Court held: “ Where title to real estate is conveyed by a duly recorded deed to secure a debt, and the grantee takes the deed and advances the money loaned, without notice and before the record of a materialman’s lien upon the propert)1', the title thus acquired is superior to such lien.” See also Milner v. Wellhouse, 148 Ga.…