Legal Opinion

First National Bank of Commerce v. McFarlin

Supreme Court of Georgia

Decided April 12, 1917PublishedCited by 8 opinions

Equitable petition. Before Judge Worley. Franklin superior court. November 13, 1916.

1Opinion of the CourtAtkinson, J.

1. “A debtor has no leviable interest in land which he has conveyed to secure a debt, until the property has been redeemed by himself or the moving- creditor; and redemption can be accomplished only by repayment of the secured debt in full. In the absence of equitable ground, the mere fact that the lien of a judgment creditor, obtained against the grantor subsequently to. the making of the security deed, can not be enforced by levy and sale until the grantor’s title has become revested by redemption, is insufficient to subject the grantor’s interest in the land as an equitable asset.”…

2Cases cited1 opinion

  1. Virginia-Carolina Chemical Co. v. RyleeSupreme Court of Georgia · 1913

3Cited by8 opinions

  1. Cook v. Securities Investment Co.Supreme Court of Georgia · 1937
  2. Kidd v. KiddSupreme Court of Georgia · 1924
  3. Moncrief Furnace Co. v. Northwest Atlanta BankSupreme Court of Georgia · 1942
  4. Jones v. LaramoreSupreme Court of Georgia · 1920
  5. Roach v. TerrySupreme Court of Georgia · 1927

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