151 Ga. 158 | Ga. | 1921
(After stating the foregoing facts.) Herbert E. Haley, during his lifetime, borrowed $10,000 on his home placó on Mulberry street in the City of Macon, $22,500 on the Eindlay foundry property, and $25,000 on the Lawton-Jordan property, all from Isaac Block. The loan on the Lawton-Jordan property was subsequently reduced to $20,000. Haley failed to pay these loans, and Block instituted proceedings to foreclose them. Haley interposed
The evidence'establishes without dispute that Block was willing to surrender the real estate and the judgments upon the payment of the judgment debts, including certain items mentioned above, even though he had purchased the properties at foreclosure sale, and even though the right of Haley or the corporation to redeem the property or any part of it had expired. It is likewise undisputed that Block refused to make a conveyance of the properties, dr any of them, unless and until he received the full amount due upon the judgments. It appears that it was immaterial to him whether a portion of the money due him should be considered as the purchase-price of the real estate and a portion as the purchase price of the fi. fas. It is admitted, however, that the amount to be paid for the land, accepting Mrs. Haley’s contention as true, was to be credited upon the fi. fas., and that the balance then remaining was to be paid to Block, and that in consideration of the full payment of the balance upon the judgments
Mrs. Haley can not claim the balance due upon the fi. fas., although such balance was actually paid by her out of her own funds, so long as she withholds from the estate the advantage obtained by her in the transaction by which the outstanding claim was acquired. If she had offered to surrender to the court, to be administered for the benefit of the estate, the land that she acquired in the transaction, her right to be reimbursed by the estate for her expenditures in acquiring said land and judgments could not have been questioned.
It follows from what we have said that the decree rendered by the court was right, irrespective of the correctness of the court’s rulings upon the questions of pleading and practice presented by the record.
Judgment affirmed.