Owens v. Bridges
Court of Appeals of Georgia
Trover; from city court of Bainbridge — Judge Spooner. May 26, 1913.
1Opinion of the CourtPottle, J.
1. A paper stipulating that the -maker conveys certain described personalty to secure a debt, and that upon payment of the debt the creditor will reconvey the property to the debtor, is a bill of sale to secure a debt, and not a mortgage. The stipulation for a reconveyance of the property is not a defeasance clause, such as a provision that the instrument would be void upon payment of the debt. Upon payment of the debt a reconveyance can be compelled, but until this is done the instrument remains operative as a bill of sale, even though the debt is .paid. See Bellerby v. Thomas, 105 Ga. 477…
2Cases cited7 opinions
- Holmes v. Langston & WoodsonSupreme Court of Georgia · 1900
- Pitts v. MaierSupreme Court of Georgia · 1902
- Williamson v. Orient InsuranceSupreme Court of Georgia · 1897
- Ellison & Chew v. WilsonCourt of Appeals of Georgia · 1909
- Bell v. McCawleySupreme Court of Georgia · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Watts v. Wight Investment Co.Court of Appeals of Georgia · 1920
- Hill v. MarshallCourt of Appeals of Georgia · 1916
- American National Bank & Trust Company v. DavisCourt of Appeals of Georgia · 1961
- Worsham v. PennCourt of Appeals of Georgia · 1924
- Dewit v. BozemanCourt of Appeals of Georgia · 1916
9 more not listed; retrieve them via the Exa API.