Wynn & Robinson v. Tyner
Supreme Court of Georgia
Mortgage foreclosure. Before Judge Gilbert. Chattahoochee superior court. February 26, 1912. . J. C. Tyner executed the following instrument:. “Georgia, Muscogee County. Columbus, Ga., March 2, 1910. “$175.00. By the first day of October, 1910, next, I promise to pay Wynn & Robinson, of order, one hundred and seventy-five dollars, for value received, as purchase-money, for one brown mare mule, white nose, smooth mouth, in the sale of which there is no warranty of any kind.
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Mortgage foreclosure. Before Judge Gilbert. Chattahoochee superior court. February 26, 1912. . J. C. Tyner executed the following instrument:. “Georgia, Muscogee County. Columbus, Ga., March 2, 1910. “$175.00. By the first day of October, 1910, next, I promise to pay Wynn & Robinson, of order, one hundred and seventy-five dollars, for value received, as purchase-money, for one brown mare mule, white nose, smooth mouth, in the sale of which there is no warranty of any kind. The title to which aforedescribed property shall be and remain in the said Wynn & Robinson, until this obligation is…
1Opinion of the Court
Lum:pkin, J.
(After stating the foregoing facts.)
1. By the Civil Code, § 3306, it is declared that a bill of sale to secure a debt, with an obligation given to the debtor to reconvey the property upon payment being made, shall pass title to the “vendee” until the secured debt shall be paid, and shall be construed by the courts to be an absolute conveyance, with the right to have a reconveyance upon payment of the secured debt, and not a mortgage. By section 3318 a method is provided whereby one who sells and delivers personal property may retain the title as security until the purchase-price…
2Cases cited4 opinions
- Pitts v. MaierSupreme Court of Georgia · 1902
- Glenn v. BottsSupreme Court of Georgia · 1887
- Frost v. AllenSupreme Court of Georgia · 1876
- Berry v. Robinson & OvertonSupreme Court of Georgia · 1905
3Cited by11 opinions
- Berry v. BrunsonSupreme Court of Georgia · 1928
- Bacon v. HanesleyCourt of Appeals of Georgia · 1916
- General Motors Acceptance Corp. v. CogginsSupreme Court of Georgia · 1934
- Smith Motor Car Co. v. Universal Credit Co.Supreme Court of Georgia · 1933
- Columbus Bank & Trust Co. v. JonesSupreme Court of Georgia · 1933
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