165 Ga. 416 | Ga. | 1927
An execution issued from Tattnall superior court in favor of Mrs. Alice Anderson against W. U. Kogers, for the principal sum of $1456.60, besides interest and attorney’s fees, was levied upon a certain tract of land, to wit, the east half of land lot No. 200 in the 4th land district of Appling County, containing 292 acres, more or less, as the property of the defendant in fi. fa. J. C. Deal interposed a claim. The date of the fi. fa. was January 15, 1917, and that of the levy March 2, 1925. The issue made by the levy and the claim came on for trial, and the jury returned a verdict finding the land subject. The claimant made a motion for new trial, which was overruled, and he excepted.
We are of the opinion that the jury were authorized to return the verdict. In holding that the evidence authorized the
The statement of facts is somewhat extended, but all are essential; and when considered, they show clearly that the verdict finding the property subject was authorized, iE not'demanded by the evidence. The title to the land for the purpose of Securing a debt passed into Mrs. Anderson two years before J. O. Deal bought from Rogers and received his bond for title. There is evidence to show that J. C. Deal had notice of the fact that the deed from Rogers to Mrs. Anderson, though an absolute warranty deed in form, was made for the purpose of securing a debt. The jury were also authorized to find that while Mrs. Anderson quitclaimed the property back to Rogers, she subsequently obtained a decree annulling this conveyance because it had been obtained by fraud. If the claimant, between the date of the quitclaim deed from Mrs. Anderson to Rogers and the date of the judgment annulling the deed or the filing of suit to have it annuled, had completed the payment of the purchase-money, it might be that he would have had a complete equitable title to the land. But no payments were made by him (as the jury had a right to find) between the date of Mrs. Anderson’s quitclaim deed to Rogers and of her proceedings to have that deed annuled. On December 4, 1915, J. C. Deal brought his equitable suit against the Glennville Bank, in which are made the allegations set forth above, and among them is the positive statement that “Mrs. Anderson is the true owner of said tract of land [the land in question] as security for said money, which amounted to $700 or $800, or other large sum.” In this petition filed by the claimant and others was a prayer that the Glennville Bank and W. TJ. Rogers be required to refund to petitioners the amount of money which they had paid upon the purchase-price of the land, “unless they shall perfect title thereto.”
The rulings in headnotes 2 to 7 require no elaboration.
Judgment affirmed.