Troup Co. v. Speer
Court of Appeals of Georgia
Money rule; from Troup superior court—Judge Terrell. July 10, 1918. For the purpose of securing the payment of his promissory note to Eady-Baker Company for $6,130.88, and interest thereon at the rate of eight per cent, per annum from a date several years prior to the date of the note, and attorney’s fees for collection, Hogg executed an instrument reciting a consideration of $6,130.88 and in the form of a warranty deed, except that it contained the statement that “This…
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Money rule; from Troup superior court—Judge Terrell. July 10, 1918. For the purpose of securing the payment of his promissory note to Eady-Baker Company for $6,130.88, and interest thereon at the rate of eight per cent, per annum from a date several years prior to the date of the note, and attorney’s fees for collection, Hogg executed an instrument reciting a consideration of $6,130.88 and in the form of a warranty deed, except that it contained the statement that “This mortgage deed is the second mortgage on these lands, said grantor having heretofore given mortgages on these lands to George…
1Opinion of the CourtJenkins, J.
1. An instrument in the form of an ordinary warranty deed, except that it contains a provision that “This mortgage deed is the second mortgage on these lands, said grantor having heretofore given mortgages on these lands to George K. Johnson and John W. *751Hamer, trustees of Penn Mutual Life-Insurance Company, of Philadelphia, and this deed is given subject to those mortgages,” and which does not contain a defeasance clause, will be construed not as a mortgage, but as an instrument passing title to secure a debt in the amount stated as the consideration of the deed.
2. While, under the provisions…
2Cases cited27 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- Horton v. MurdenSupreme Court of Georgia · 1903
- Hester v. GairdnerSupreme Court of Georgia · 1907
- Shepherd v. BurkhalterSupreme Court of Georgia · 1853
- Georgia, Florida & Alabama Railway Co. v. SasserSupreme Court of Georgia · 1908
22 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bob Parrott, Inc. v. First Palmetto BankCourt of Appeals of Georgia · 1974
- Albany Loan & Finance Co. v. TiftCourt of Appeals of Georgia · 1931
- In Re American Ventures, Inc.District Court, N.D. Georgia · 1971