Johnson & Smith v. Wheelock
Supreme Court of Georgia
Usury. Title. Notice. Mortgage. Deeds. Equity. Before Judge IIood. Terrell Superior Court. May Term, 1879. Wheelock had certain fi.fas. levied on land as the property of Lee efe Eulton. Johnson & Smith claimed the property under deeds from defendants in fi. fa. These deeds were held not to convey title because they formed part of a usurious transaction.
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Usury. Title. Notice. Mortgage. Deeds. Equity. Before Judge IIood. Terrell Superior Court. May Term, 1879. Wheelock had certain fi.fas. levied on land as the property of Lee efe Eulton. Johnson & Smith claimed the property under deeds from defendants in fi. fa. These deeds were held not to convey title because they formed part of a usurious transaction. Johnson & Smith then filed a bill to foreclose the deed's as equitable mortgages for the amount due them, alleging that though absolute on their face they were really made to secure complainants in making advances to Lee & Fulton Wheelock and…
1Opinion of the Court
Jackson, Justice.
A motion was made for a new trial in this case, on the ground, among others, that the verdict was contrary to law and evidence, and without evidence to support it. The court granted the motion and Johnson & Smith, who were the complainants below, excepted. The case was a bill *625bled to foreclose mortgages and establish the lien thereof against judgments junior to the mortgage lien. The case was here in part before, and is reported in 56 Ga., 33. The present plaintiffs in error then claimed part of this property when levied on by Wheelock’s fi. fa., and it was found subject to…
2Cases cited1 opinion
- Johnson & Smith v. WheelockSupreme Court of Georgia · 1876
3Cited by3 opinions
- Bowen v. SamuelsSupreme Court of Georgia · 1949
- Carolina Construction Co. v. BranchSupreme Court of Georgia · 1927
- Murphey v. CreamerCourt of Appeals of Georgia · 1912