143 Ga. 64 | Ga. | 1915
The plaintiff in the court below entered into a contract with the defendant for the sale of certain real estate in the city of Savannah for the sum of $4,000. The defendant refused to consummate the sale, on the ground that the plaintiff did not have a good title to the land, for the.alleged reason that the plaintiff had derived his title through a deed from one Horace Bivers, who purchased the property at a sheriff’s sale under a judgment declaring a special lien thereon, rendered in the city court of Savannah in a suit based on an unrecorded deed to secure a debt; and that at that time there were in force two recorded deeds to secure debts, one given to the Chatham Beal Estate and Improvement Company, and the other to Horace Bivers, the purchaser at the sheriff’s sale. On failure of the defendant to comply with the terms of the contract of sale, the plaintiff brought an equitable action against the defendant to compel specific performance of the contract. The case was submitted to Judge Sheppard for decision upon the following agreed statement, of facts:
“Henry H. Hull, on September 24th, 1896, executed to Lucy G. Hull a deed to the property described in the petition, to secure a debt of $3,060.00. This deed was not recorded. On January 17th, 1903, Henry H. Hull executed and delivered to the Chatham Beal Estate and Improvement Company his deed covering said property, to secure a debt for $1,500.00, without making any reference therein to the then unrecorded deed to Lucy G. Hull. The
Hnder these facts Judge Sheppard held that the plaintiff had a good legal title to the property in controversy and could convey it to the defendant, and was entitled to the specific performance prayed for; and decreed accordingly. The plaintiff in error contends, that Lucy G. Hull, by reason of her failure to record her
Judgment affirmed.