Legal Opinion

Pitts v. Maier

Supreme Court of Georgia

Decided April 24, 1902PublishedCited by 20 opinions

Complaint. Before Judge Reid. City court of Atlanta. May 15, 1901. Maier sued on a promissory note, and prayed that the judgment thereon he made a special lien on realty conveyed to him to secure the payment of the note. The defendant demurred upon the ground that the plaintiff was not entitled to a special lien, and that the security was a mortgage and not a deed. The demurrer was overruled.

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Complaint. Before Judge Reid. City court of Atlanta. May 15, 1901. Maier sued on a promissory note, and prayed that the judgment thereon he made a special lien on realty conveyed to him to secure the payment of the note. The defendant demurred upon the ground that the plaintiff was not entitled to a special lien, and that the security was a mortgage and not a deed. The demurrer was overruled. The instrument in question is in the usual form of a warranty deed to land, hut it further recites that it “ is to be construed as a deed passing title, and not as a mortgage, and is intended to secure…

1Opinion of the CourtLumpkin, P. J.

This was an action upon a promissory note the payment of which had béen secured by an instrument which the,, plaintiff contended was a deed passing title to land, but which the defendant insisted was a mere mortgage. The case as presented here involves hut two questions: (1) what was the real nature of that instrument? and (2) was the note sued on infected with usury ?

1. The document which the plaintiff claimed was a deed passing title was in all respects in the form of a deed, and should unquestionably be regarded as an instrument passing title unless the following clause therein gives to it…

2Cases cited3 opinions

  1. Williamson v. Orient InsuranceSupreme Court of Georgia · 1897
  2. Pirkle v. Equitable Mortgage Co.Supreme Court of Georgia · 1896
  3. Frost v. AllenSupreme Court of Georgia · 1876

3Cited by20 opinions

  1. Harris v. PowersSupreme Court of Georgia · 1907
  2. Bacon v. HanesleyCourt of Appeals of Georgia · 1916
  3. Owens v. BridgesCourt of Appeals of Georgia · 1913
  4. Wynn & Robinson v. TynerSupreme Court of Georgia · 1913
  5. Ivor B. Clark Co. v. HoganDistrict Court, S.D. New York · 1968

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