Hill v. Marshall

1. A bill of sale of personalty to secure a debt, although it contains a clause to reconvey the property upon the payment of the debt, is not a mortgage, but is an absolute conveyance of the property, and passes title to the same until the debt is fully paid. Civil Code, § 3306; Owens v. Bridges, 13 Ga. App. 419 (79 S. E. 225).

(a.) The court did not err in admitting in evidence the bill of sale from the defendant to the plaintiff, conveying a mule to secure a debt.

2. This suit is in substance an action of trover for the collateral (a mule) which was deeded to the plaintiff to secure a debt.…