Roland v. Coleman & Co.
Supreme Court of Georgia
Deeds. Mortgages. Rowers. Sales. Administrators and Executors. Principal and Agent. Before Judge Simmons. Bibb County. At Chambers. February 27,1886. D. T. Roland, administrator of David Roland, deceased, filed his bill against S. T. Coleman & Company to enjoin a sale which they were proceeding to make by virtue of the power of sale contained in a written instrument made by the intestate to the defendants, which is fully set out in the decision.
Read the full summary
Deeds. Mortgages. Rowers. Sales. Administrators and Executors. Principal and Agent. Before Judge Simmons. Bibb County. At Chambers. February 27,1886. D. T. Roland, administrator of David Roland, deceased, filed his bill against S. T. Coleman & Company to enjoin a sale which they were proceeding to make by virtue of the power of sale contained in a written instrument made by the intestate to the defendants, which is fully set out in the decision. The grounds for injunction set up by the bill were, in brief, as follows: That the proceeding to sell seriously interfered with the administration of…
1Opinion of the Court
Jackson, Chief Justice.
This is a bill brought by Roland, administrator, etc., vs. S. T. Coleman & Company to enjoin that firm from selling certain lands conveyed to them to secure a debt. The chancellor refused the writ, and the complainant excepted.
Is the paper a mortgage, or is it a deed which passes the title absolutely to Coleman & Company to secure certain indebtedness, with power to sell in order to pay the debt ?
The instrument conveys the title in the usual form and *654in. the use of the ordinary words of conveyance in a deed, and then comesthe usual habendum and tenendum clause, and the…
2Cases cited7 opinions
- Biggers v. BirdSupreme Court of Georgia · 1876
- Broach v. BarfieldSupreme Court of Georgia · 1876
- Calloway v. People's BankSupreme Court of Georgia · 1875
- Lackey v. BostwickSupreme Court of Georgia · 1875
- Lathrop & Co. v. BbownSupreme Court of Georgia · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Parrott v. BakerSupreme Court of Georgia · 1889
- Baggett v. EdwardsSupreme Court of Georgia · 1906
- Orient Insurance v. WilliamsonSupreme Court of Georgia · 1896
- Willingham v. RushingSupreme Court of Georgia · 1898
- Jewell v. WalkerSupreme Court of Georgia · 1899
8 more not listed; retrieve them via the Exa API.