Clark v. Havard
Supreme Court of Georgia
Equitable petition. Before Judge Lumpkin. Fulton superior court. January 30, 1904. The petition was by Agnes Havard against Amanda A. Clark, Thomas A. Clark, Annie 0. Clark, and the Security Investment Company. The allegations were, in substance, as follows: Thomas A. Clark owned a tract of land in Fulton county, and conveyed a part of it to his wife, Amanda.
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Equitable petition. Before Judge Lumpkin. Fulton superior court. January 30, 1904. The petition was by Agnes Havard against Amanda A. Clark, Thomas A. Clark, Annie 0. Clark, and the Security Investment Company. The allegations were, in substance, as follows: Thomas A. Clark owned a tract of land in Fulton county, and conveyed a part of it to his wife, Amanda. Afterwards she executed to the Security Investment Company a deed to the entire tract, as security for the payment of a note made by her to the company. The company transferred the note, before maturity, to the plaintiff, but retained…
1Opinion of the Court
Cobb, J„
The grantee in a security deed may sue the debt to judgment and cause the land to be levied upon and sold after a reconveyance to the debtor, or he may bring an action to recover possession of the land upon the title derived from the security deed. He may pursue these remedies concurrently, and neither is an obstacle in the way of the other until the debt has been fully satisfied under the operation of one or the other proceeding. *275Ray v. Pitman, 119 Ga. 678, 681, and cit. A transfer of the debt by the grantee does not, in the absence of a conveyance, pass to the transferee "title to…
2Cases cited5 opinions
- Conley v. BuckSupreme Court of Georgia · 1897
- Ray v. PitmanSupreme Court of Georgia · 1904
- Pelt v. HurtSupreme Court of Georgia · 1896
- Ernest v. MerrittSupreme Court of Georgia · 1899
- Sheppard v. ReeseSupreme Court of Georgia · 1901
3Cited by21 opinions
- Oliver v. SlackSupreme Court of Georgia · 1941
- Carter v. JohnsonSupreme Court of Georgia · 1923
- Pape v. Woolford Realty Co.Court of Appeals of Georgia · 1926
- Georgia Baptist Orphans Home Inc. v. MoonSupreme Court of Georgia · 1941
- Citizens National Bank of Connellsville v. Harrison-Doddridge Coal & Coke Co.West Virginia Supreme Court · 1921
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