Wacasie v. Radford
Supreme Court of Georgia
Equitable petition. Before Judge Frank Park. Baker superior court. January 28, 1913.
1Opinion of the CourtFish, C. J.
1. A deed made to secure an usurious loan is void. Civil Code (1910), § 3442.
2. The grantee in a security deed tainted with usury can not, as against the maker thereof, convey a good title, even to a person who takes bona fide, before maturity, for value, and without notice of the fact of usury. Pottle v. Lowe, 99 Ga. 576 (27 S. E. 145, 59 Am. St. R. 246); Beach v. Lattner, 101 Ga. 357 (2), 365 (28 S. E. 110).(a) Accordingly, if a deed were made to secure an usurious loan and contained a power to sell on failure to make payment in accordance with the contract, and if, upon the failure of the…
2Cases cited4 opinions
- Clarke v. HavardSupreme Court of Georgia · 1900
- McLean v. CamakSupreme Court of Georgia · 1896
- Beach v. LattnerSupreme Court of Georgia · 1897
- Pottle v. LoweSupreme Court of Georgia · 1896
3Cited by6 opinions
- Lankford v. HoltonSupreme Court of Georgia · 1938
- Harvard v. DavisSupreme Court of Georgia · 1916
- Liles v. Bank of Camden CountySupreme Court of Georgia · 1921
- Strickland v. WilsonSupreme Court of Georgia · 1916
- Citizens' Bank v. HeywardSupreme Court of South Carolina · 1925
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