Ray v. Boyd
Supreme Court of Georgia
Equitable petition.' Before Judge Reese. Lincoln superior court. October term, 1894. To the petition of Mary Ray and Delilah Elliott against 'William Boyd and the sheriff, Boyd demurred upon the ground that petitioners failed to make a continuing offer to pay the amount of money to him which they admit to be due on the debt which they claim the deed mentioned in the petition was given to secure, and did not tender said amount in court. The demurrer was sustained.
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Equitable petition.' Before Judge Reese. Lincoln superior court. October term, 1894. To the petition of Mary Ray and Delilah Elliott against 'William Boyd and the sheriff, Boyd demurred upon the ground that petitioners failed to make a continuing offer to pay the amount of money to him which they admit to be due on the debt which they claim the deed mentioned in the petition was given to secure, and did not tender said amount in court. The demurrer was sustained. The petitioners allege, that they are co-tenants in the ownership of 125 acres of land on which they live; that about 1888 they…
1Opinion of the CourtSimmons, C. J.
1. One who makes to a creditor for the purpose of securing a debt a deed to land, but retains possession of the land, does not thereby become the “ tenant” either of such creditor or his vendee, and is not subject at the instance of the latter to be ejected from the land as a tenant holding over.
*809July 29, 1895. By two Justices. Equitable petition.' Before Judge Reese. Lincoln superior court. October term, 1894. To the petition of Mary Ray and Delilah Elliott against 'William Boyd and the sheriff, Boyd demurred upon the ground that petitioners failed to make a continuing offer to pay the amount…
2Cases cited1 opinion
- Durden v. ClackSupreme Court of Georgia · 1894
3Cited by9 opinions
- Redwine v. FrizzellSupreme Court of Georgia · 1937
- Chason v. O'NealSupreme Court of Georgia · 1924
- Benedict v. Gammon Theological SeminarySupreme Court of Georgia · 1905
- In Re Polo Club Apartments Associates Ltd. PartnershipUnited States Bankruptcy Court, N.D. Georgia · 1993
- Stevens v. WorrillSupreme Court of Georgia · 1911
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