Strickland v. Wilson
Supreme Court of Georgia
Complaint. Before Judge Worrill. Miller superior court. January 25, 191§. Wilson filed his petition against Strickland, and alleged as follows: One Johnson executed a deed conveying land to secure a debt to the defendant. This deed contained a power of sale, providing that upon default by the maker of the deed the grantee, after advertising in the manner stipulated, could sell the property conveyed, and make a deed thereto to the purchaser.
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Complaint. Before Judge Worrill. Miller superior court. January 25, 191§. Wilson filed his petition against Strickland, and alleged as follows: One Johnson executed a deed conveying land to secure a debt to the defendant. This deed contained a power of sale, providing that upon default by the maker of the deed the grantee, after advertising in the manner stipulated, could sell the property conveyed, and make a deed thereto to the purchaser. Johnson did default, and Strickland, after advertising as provided, put up the land for sale and knocked it off to Wilson. When Wilson demanded possession…
1Opinion of the CourtBeck, J.
(After stating the facts.) There was no error in overruling the general demurrer to the petition. The deed from Johnson to Strickland was void on account of the fact that the debt to secure which it was given was infected with usury. The *219usury was secret, not indicated on the face of the note or in the deed given to secure the note; and Wilson, the purchaser at the sale, was an innocent purchaser, having no knowledge of the secret usury. Apparently at that sale Strickland was selling Wilson something of value; but the power of sale under which he was acting was void, being contained in a deed…
2Cases cited1 opinion
- Wacasie v. RadfordSupreme Court of Georgia · 1914
3Cited by1 opinion
- Stewart v. Miller & Co. Inc.Supreme Court of Georgia · 1926