McCook v. Kennedy
Supreme Court of Georgia
Petition for injunction. Before Judge Searcy. Pike superior court. January 7, 1916. A deed to secure a debt was executed by Mrs. M. E. McCook to Mrs. A. T. Holt on December '27, 1910. In the conveyance it was stipulated that the instrument was intended to be effective as provided in sections 3306 and 3310 of the Code of Georgia.
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Petition for injunction. Before Judge Searcy. Pike superior court. January 7, 1916. A deed to secure a debt was executed by Mrs. M. E. McCook to Mrs. A. T. Holt on December '27, 1910. In the conveyance it was stipulated that the instrument was intended to be effective as provided in sections 3306 and 3310 of the Code of Georgia. It was also stipulated that if the debt to secure which the deed was made should not be promptly paid at maturity, the grantee would be authorized to sell at public outcry before the court-house door, to the highest bidder for cash, all the property conveyed, to pay…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) The general exception to the judgment of the court refusing the interlocutory injunction prayed raises- the, question, without a more specific assignment of error, as to whether or not the judgment could properly be rendered under the evidence in the case. Counsel for plaintiff in error contend in their brief that there is no evidence in the record‘showing such a transfer of the title to the property conveyed by the deed in question to the plaintiff as would authorize him to exercise the power of sale contained in the deed. There was a transfer on the back…
2Cases cited3 opinions
- Horton v. MurdenSupreme Court of Georgia · 1903
- Tillman v. BomarSupreme Court of Georgia · 1910
- Henry v. McAllisterSupreme Court of Georgia · 1894
3Cited by8 opinions
- Davis v. BuieSupreme Court of Georgia · 1944
- Blue Ridge Apartment Co. v. Telfair Stockton & Co.Supreme Court of Georgia · 1949
- McMullen v. CarltonSupreme Court of Georgia · 1941
- Woodward v. LaPorteSupreme Court of Georgia · 1936
- Sullivan v. SeagoSupreme Court of Georgia · 1926
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