88 Ga. 479 | Ga. | 1891
'Obviously this charge relates to the last renewal note alone. If it means to attack the deed from the sheriff
' The second reason why usury in the renewal note would not affect the validity of the deed is, that the parties to the deed were the sheriff* and Roberts, and certainly there never was any usury as between them, of as between the sheriff* and the bank for whose security the deed to Roberts was executed. Even usury in the original loan from the bank to Freeman would not have prevented the title from passing into Roberts by the sheriff's deed. The title never was in Freeman. He sought to acquire it eventually by having it first pass into the bank, or into Roberts to secure the bank. If this deed be void, the formal legal title is yet in the defendant in execution, as whose property the sheriff sold the premises ; but the title did pass, and whether there was usury or not between Freeman and the bank, Freeman must repay the principal of the loan with lawful interest at least, as a condition precedent to any right legal or equitable to have a conveyance made to himself. The money embraced in the loan was purchase money. Pope v. Heartwell, 79 Ga. 482; Bugg v. Russell, 75 Ga. 837.
It is proper to add that it is by no means certain that the charge above recited from the bill contemplates the
At the hearing of this motion, certain facts vouched by matters of record in the same court strongly tending