Legal Opinion
Lewis v. King
Supreme Court of Georgia
Decided February 18, 1928No. 5991PublishedCited by 10 opinions
1Opinion of the CourtAtkinson, J.
1. “Power of sale in deeds of trust, mortgages, and other instruments is to be strictly construed and must be fairly exercised. In the absence of stipulations to the contrary in the instrument, the time, place, and manner of the sale should be that pointed out for public sales.” Civil Code (1910), § 4620.
2. “Where the title to land is conveyed to secure a debt, and the instrument is not merely a mortgage, a power of sale on failure to make payment is a power coupled with an interest, and is not revoked by the death of the debtor. Roland v. Coleman, 76 Ga. 652; Willingham v. Rushing, 105 Ga.…
2Cases cited9 opinions
- Baggett v. EdwardsSupreme Court of Georgia · 1906
- Briggs v. WalkerSupreme Court of the United States · 1898
- Orient Insurance v. WilliamsonSupreme Court of Georgia · 1896
- Willingham v. RushingSupreme Court of Georgia · 1898
- Cox v. CurwenMassachusetts Supreme Judicial Court · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gurr v. GurrSupreme Court of Georgia · 1944
- Davis v. BuieSupreme Court of Georgia · 1944
- McMullen v. CarltonSupreme Court of Georgia · 1941
- Penn Mutual Life Insurance v. DonalsonSupreme Court of Georgia · 1933
- Smith v. BukofzerSupreme Court of Georgia · 1935
5 more not listed; retrieve them via the Exa API.