Pitts v. Maier
Supreme Court of Georgia
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.
Read the full summary
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
- Williamson v. Orient InsuranceSupreme Court of Georgia · 1897
- Pirkle v. Equitable Mortgage Co.Supreme Court of Georgia · 1896
- Frost v. AllenSupreme Court of Georgia · 1876
3Cited by20 opinions
- Harris v. PowersSupreme Court of Georgia · 1907
- Bacon v. HanesleyCourt of Appeals of Georgia · 1916
- Owens v. BridgesCourt of Appeals of Georgia · 1913
- Wynn & Robinson v. TynerSupreme Court of Georgia · 1913
- Ivor B. Clark Co. v. HoganDistrict Court, S.D. New York · 1968
15 more not listed; retrieve them via the Exa API.