179 Ga. 429 | Ga. | 1934
Mrs. Katherine Biggers instituted an action against the Home Building and Loan'Association, a corporation, and Lem Hall. The petition alleged substantially the following: Petitioner is the owner of and in possession by her tenants of described lots of land in Riverside addition to South Rome; she executed a warranty deed conveying the property to the defendant loan association to secure a debt of $1500, and containing a power of sale. She also subscribed for fifteen shares of the capital stock of the association of the par value of $100 per share. The debt was. payable $15 a month. She paid on the debt approximately $300 principal, and fell behind with her payments until the debt was in default at least one year prior to June 1, 1933, on which date the association declared the entire debt due, and proceeded to advertise the property for sale on the first Tuesday (the 4th day) of July, 1933, a legal holiday. On that day the association offered the property for sale before the court-house door between 10 o’clock a. m. and 4 o’clock p. m. There being but one bid, the property was knocked off to the association for $1000; whereupon the association as attorney in fact executed a deed to itself. The pretended
The defendants demurred on the ground that the petition stated no cause of action, and on several specific grounds including that hereinafter shown. The plaintiff excepted to a judgment sustaining the demurrers and dismissing the action.
“He who would have equity must do equity and give effect
Applying to the pleadings the principles stated 'above, whether or not the sale was unlawful because conducted on a legal holiday (see Civil Code, § 4284; Wood v. State, 12 Ga. App. 651, 78 S. E. 140; Hamer v. Sears, 81 Ga. 288 (2), 6 S. E. 810; Hayden v. Mitchell, 103 Ga. 431, 440, 30 S. E. 287; Southern Railway Co. v. Wallis, 133 Ga. 553, 555, 66 S. E. 370, 30 L. R. A. (N. S.) 401, 18 Ann. Cas. 67; 29 C. J. 763, § 4), or for any other cause alleged in the petition, the judge did not err in dismissing the action on demurrer.
Judgment affirmed.