Griggs v. Strippling
Supreme Court of Georgia
Lien. Debtor and creditor. Before Judge Knight. Cobb Superior Court. November Term, 1876. Strippling brought complaint against Griggs. He alleged, in brief, as follows: Defendant is indebted to him in the sum of $220.00, besides interest, on two notes, (fully described). At the time said notes were made, defendant, by consent of his wife, executed to plaintiff a deed in fee simple to lot 381, in the 19th district and second section of Cobb county.
Read the full summary
Lien. Debtor and creditor. Before Judge Knight. Cobb Superior Court. November Term, 1876. Strippling brought complaint against Griggs. He alleged, in brief, as follows: Defendant is indebted to him in the sum of $220.00, besides interest, on two notes, (fully described). At the time said notes were made, defendant, by consent of his wife, executed to plaintiff a deed in fee simple to lot 381, in the 19th district and second section of Cobb county. Plaintiff verbally promised to reconvey on the payment, at maturity, of the amounts due on said notes. It was the contract, that upon said notes…
1Opinion of the Court
Bleckley, Judge.
At least two radical misconceptions of law are apparent on the face of the declaration. The first is in the notion that sections of the Code 1969 and 1970 apply. The second is in the notion that where those sections do apply, the deed of re-conveyance provided for is to be made before judgment is obtained upon the debt. According to the plain words of the sections, their provisions are applicable to land only *503when there is a bond for title, as well as an absolute deed— the bond from one party, and the deed from .the other. Here there was a deed, but no bond. Again, section…
2Cited by5 opinions
- Henry v. McAllisterSupreme Court of Georgia · 1894
- Williamson v. Orient InsuranceSupreme Court of Georgia · 1897
- Pirkle v. Equitable Mortgage Co.Supreme Court of Georgia · 1896
- Coleman v. Maclean & Co.Supreme Court of Georgia · 1897
- Braswell v. SuberSupreme Court of Georgia · 1878