Holbrook v. Stewart
Court of Appeals of Georgia
1Opinion of the CourtSutton, J.
In the main, the present case is controlled by the decision of the Supreme Court in Culver v. Lambert, 132 Ga. 296 (64 S. E. 82), where it was said: “Where one borrows money from another, and makes him a deed to land to secure the debt, and the lender sues the borrower upon his failure to pay the debt at maturity, and obtains a judgment against him, before the execution is levied on the land given as security the lender must reconvey the land to the borrower, and have the deed of reconveyance recorded; and a sale made under a levy without such deed of reconveyance is void, and will be set…
2Cases cited9 opinions
- Coleman v. Slade & EtheridgeSupreme Court of Georgia · 1886
- Pinkston v. HarrellSupreme Court of Georgia · 1898
- Benedict v. Gammon Theological SeminarySupreme Court of Georgia · 1905
- Culver v. LambertSupreme Court of Georgia · 1909
- Georgia Realty Co. v. Bank of CovingtonCourt of Appeals of Georgia · 1917
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3Cited by4 opinions
- Federal Deposit Insurance Corporation v. Larry P. Dye, A/K/A Lukey P. Dye, Federal Deposit Insurance Corporation v. Jerry B. DyeCourt of Appeals for the Fifth Circuit · 1981
- Leon Investment Co. v. Independent Life & Accident InsuranceCourt of Appeals of Georgia · 1971
- Milam v. AdamsCourt of Appeals of Georgia · 1960
- Milam v. AdamsCourt of Appeals of Georgia · 1960