122 Ga. 671 | Ga. | 1905
J. E. Maddox brought an action of complaint for land against John L. Arthur, to recover an improved residence lot in the City of Atlanta. Arthur held under the Georgia Loan and Trust Company, which made itself a party defendant to the case? by joining with him in the defense to the suit. The parties claimed under a common grantor, Mary L. Hill. The plaintiffs chain of title was as follows: deed from Mary L. Hill to Dennis O’Oallaghan, dated September 15,1891; deed from O’Callaghan to his wife, F. U. O’Callaghan, dated April 3, 1893; deed from the marshal of the City of Atlanta to the City of Atlanta, made in pursuance of a sale of the lot under a general execution issued by the city against Mrs. O’Callaghan for her city taxes for the year 1896, dated December 1, 1896, and recorded December 3, 1900 ; quitclaim deed from the City of Atlanta to the plaintiff, dated January 4 1898, and recorded November 3, 1900. The chain of the Georgia Loan and Trust Company’s title was as follows: Deed from Mary L. Hill to said company, to secure the payment of a debt represented by a certain promissory note and interest coupons thereto attached, made conformably to the provisions of the Civil Code applicable to such cases, dated August 1, 1891, and recorded August 21, 1891; quitclaim deed from the Georgia Loan & Trust Company to Mary L. Hill, dated June 17, 1899, and recorded July 19,1899, showing by its recitals that it was executed, under the provisions of the Civil Code, merely for the purpose ot having the land levied upon and sold under an execution issued from a judgment rendered in favor of J. M. H. Black, against Mary L Hill, upon the note secured by the deed to the Georgia Loan and Trust Company, such note having been previously transferred to him by the payee thereof; deed from the sheriff of Fulton county to the Georgia Loan and Trust Company, the purchaser of the property at the sheriff’s sale under such execution, dated May 1. 1900 and recorded July 6, 1900. An abstract of the plaintiff’s title, as above indicated, was attached to his petition. The defendants, after setting up in their answer the title upon which they relied, as disclosed above, prayed that the answer might be taken in the nature of a cross-petition, and that “the title of defendants to said lands be decreed perfect as against
The judgment of the court below is
Affirmed.