Ray v. Atlanta Trust & Banking Co.
Supreme Court of Georgia
Equitable petition. Before Judge Ellis. Fulton superior court. July 3, 1915. Lavender E. Eay bought a city lot from Morris. He paid part cash and gave his notes for the balance of the purchase-money. Morris executed to him a bond conditioned to make title upon the payment of the purchase-money notes. Afterwards Eay -sold a part of the land to John H. James, and took James’s notes.
Read the full summary
Equitable petition. Before Judge Ellis. Fulton superior court. July 3, 1915. Lavender E. Eay bought a city lot from Morris. He paid part cash and gave his notes for the balance of the purchase-money. Morris executed to him a bond conditioned to make title upon the payment of the purchase-money notes. Afterwards Eay -sold a part of the land to John H. James, and took James’s notes. The James notes were deposited with the Atlanta Trust and Banking Company, and their payment applied to the satisfaction of the purchase-money notes of Eay to Morris, held by the bank. Eay borrowed $1500 from the…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.)
1. The court correctly held that the deed from L. B. Bay to Mrs. A. F.. Bay conveyed no title, and po interest “except the equity which would have remained in L. B. Bay after paying the debt to said banking company.” At the time of the execution of this deed L. B. Bay had only an equity in the land, which entitled him to a deed conveying the full title upon the payment of his indebtedness to the bank. The bank, however, voluntarily entered into another transaction with Morris, by which it surrendered to Morris his bond to make title to L. B. Bay, receiving…
2Cases cited6 opinions
- Perry v. . AdamsSupreme Court of North Carolina · 1887
- O'Connor v. Georgia Railroad BankSupreme Court of Georgia · 1904
- Biggers v. WinklesSupreme Court of Georgia · 1906
- Atlanta Trust & Banking Co. v. NelmsSupreme Court of Georgia · 1902
- Eason v. VandiverSupreme Court of Georgia · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Pound v. FaulknerSupreme Court of Georgia · 1942
- Harrell v. BurchSupreme Court of Georgia · 1942
- Interstate Bond Company v. CullarsSupreme Court of Georgia · 1939
- McCommons-Thompson-Boswell Co. v. WhiteCourt of Appeals of Georgia · 1924
- Battle v. Warren County Fertilizer Co.Supreme Court of Georgia · 1923
5 more not listed; retrieve them via the Exa API.