Scott v. Hughes
Supreme Court of Georgia
Complaint. Before Judge Harwell. City court of LaGrange. March 27, 1905. Mrs. Scott brought suit in the city court against Hughes and his wife, alleging that Mrs. Hughes as principal, and Hughes as security, were indebted to her in the sum of $250 principal, “for money had and received, as shown by a deed or contract” attached to the petition. The plaintiff prayed for a general judgment, and for a special lien on the property described in the paper above referred to.
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Complaint. Before Judge Harwell. City court of LaGrange. March 27, 1905. Mrs. Scott brought suit in the city court against Hughes and his wife, alleging that Mrs. Hughes as principal, and Hughes as security, were indebted to her in the sum of $250 principal, “for money had and received, as shown by a deed or contract” attached to the petition. The plaintiff prayed for a general judgment, and for a special lien on the property described in the paper above referred to. The paper exhibited with the petition was in the form of an ordinary warranty- deed, in which Mrs. Hughes purported to convey…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) It is often a question difficult of solution as to whether a paper executed for the purpose of securing the payment of a debt passes title.to the grantee, or is a mere mortgage. In Burkhalter v. Planters Bank, *1002100 Ga. 432, Mr. Justice Atkinson said: “The test then whether an instrument he a deed or mortgage is necessarily whether the interest acquired by the holder of an instrument is such an interest as can be extinguished by the voluntary act of the debtor alone. If it can be, the instrument is defeasible, and does not pass . .' an absolute title.”…
2Cases cited4 opinions
- Burckhalter v. Planters Loan & Savings BankSupreme Court of Georgia · 1897
- Ward v. LordSupreme Court of Georgia · 1897
- Davis v. BarkerSupreme Court of Georgia · 1846
- Barefield v. BryanSupreme Court of Georgia · 1850
3Cited by15 opinions
- Grady v. T. I. Harris Inc.Court of Appeals of Georgia · 1930
- Penton v. HallSupreme Court of Georgia · 1913
- Liberty Community Management, Inc. v. Hall (In Re Hall)United States Bankruptcy Court, N.D. Georgia · 2011
- Hill v. SmithSupreme Court of Georgia · 1926
- Lane v. SmartCourt of Appeals of Georgia · 1917
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