Coleman v. Lancaster
Supreme Court of Georgia
Claim. Before Judge Hammond. Burke superior court. March 16, 1918.
1Opinion of the CourtFish, C. J.
1. An execution issued Upon a judgment rendered for a debt secured by a deed made to realty can not be levied upon the realty conveyed as security until after'the creditor has executed, filed, and. had recorded a deed reconveying the property to the debtor; and a sale of the property, made under a levy thereon when no reconveyance has been previously made, filed, and recorded, would be void. Coates v. Jones, 142 Ga. 237 (82 S. E. 649). Applying the ruling just announced to the facts of this case, the court erred in directing a verdict finding the property levied on subject to the execution.
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2Cases cited1 opinion
- Coates v. JonesSupreme Court of Georgia · 1914
3Cited by4 opinions
- Reeves v. LancasterSupreme Court of Georgia · 1925
- Hogg v. Truitt Co.Supreme Court of Georgia · 1920
- Bryant v. TownsSupreme Court of Georgia · 1933
- Durrence v. DurrenceSupreme Court of Georgia · 1926