Paulk v. Dorminey
Supreme Court of Georgia
1Opinion of the CourtAtkinson, J.
1. A deed absolute in form will ordinarily transfer the title of the grantor to tlie land;' but if the grantor remains in possession, it may be shown by parol that the deed was made to secure a debt. Where such a deed is made to secure a debt, the legal title will vest in the grantee, and the equitable title, or right to have the property reconveyed on payment of the debt, will remain in the grantor. Civil Code (1910), § 3258; Copelin v. Williams, 152 Ga. 692 (2) (111 S. E. 186). If the grantee subsequently dies, the grantor would have a similar right against the administrator upon' his…
2Cases cited11 opinions
- Yahoola River & Cane Creek Hydraulic Hose Mining Co. v. IrbySupreme Court of Georgia · 1869
- Harris & Mitchell v. Amoskeag Lumber Co.Supreme Court of Georgia · 1897
- Long v. BullardSupreme Court of Georgia · 1877
- Hanks v. PhillipsSupreme Court of Georgia · 1869
- Copelin v. WilliamsSupreme Court of Georgia · 1922
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3Cited by2 opinions
- Hobbs v. HoustonSupreme Court of Georgia · 1943
- Shirley v. ShirleySupreme Court of Georgia · 1952