Phinizy v. Clark
Supreme Court of Georgia
Heeds. Mortgage. Judgments. Registry. Levy and sale. Before Judge Hall. Newton Superior Court. March Term, 1878. Phinizy & Co., filed their bill against Clark, who resisted by answer, and at the trial the evidence made, in brief, the following case: On April 17, 1874, Henderson being indebted to complainants for borrowed money, to secure the debt, conveyed to them by absolute deed an undivided half interest in a certain tract of land situated in the town of Covington.
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Heeds. Mortgage. Judgments. Registry. Levy and sale. Before Judge Hall. Newton Superior Court. March Term, 1878. Phinizy & Co., filed their bill against Clark, who resisted by answer, and at the trial the evidence made, in brief, the following case: On April 17, 1874, Henderson being indebted to complainants for borrowed money, to secure the debt, conveyed to them by absolute deed an undivided half interest in a certain tract of land situated in the town of Covington. The deed was not duly recorded within one year from its date, nor until September 9, 1876. Harris had held the other half…
1Opinion of the Court
Bleckley, Justice.
1. A copy of the deed from Henderson to the complainants is in the record. The deed purports on its face to have been made for and in consideration of five hundred and ninety-two dollars and fifty-seven cents in hand paid, and it conveys the premises, absolutely, forever, with full warranty *626of title. There is no defeasance in or out of the deed ; and the evidence shows that no bond for titles or other stipulation for a re-conveyance was taken by Henderson from the complainants. So far as appears, there was not even a verbal agreement to reconvey. The real object of the…
2Cases cited2 opinions
- Braswell v. SuberSupreme Court of Georgia · 1878
- Gibson v. Hough & SonsSupreme Court of Georgia · 1878
3Cited by20 opinions
- Conley v. BuckSupreme Court of Georgia · 1897
- Shumate v. McLendonSupreme Court of Georgia · 1904
- McLendon v. Reynolds Grocery Co.Supreme Court of Georgia · 1925
- Ashley v. CookSupreme Court of Georgia · 1900
- Clayton v. Exchange BankCourt of Appeals for the Fifth Circuit · 1903
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