Routon v. Woodbury Banking Co.

Head, Justice.

The deed to secure debt from H. L. McKenney to Woodbury Banking Company (the plaintiff in execution) is prior in date and was duly recorded, and would constitute a prior title or lien over the deed to secure debt of the claimant, under the general rules of law. It is contended by the claimant, however, that the decision of this court in McKenney v. Woodbury Banking Co., 208 Ga. 616 (68 S. E. 2d, 571), to the effect that Woodbury Banking Company was not entitled to a “special lien” upon the property described, was a ruling that the plaintiff in execution could not enforce its…