Am. Freehold Land Mortg. Co v. Walker

• Decision Date: 12 January 1904
• Citation: 46 S.E. 426,119 Ga. 341
• Parties: AMERICAN FREEHOLD LAND MORTG. CO. OF LONDON, Limited. v. WALKER.
• Court: Georgia Supreme Court

46 S.E. 426

119 Ga. 341

AMERICAN FREEHOLD LAND MORTG. CO.OF LONDON, Limited.

v.WALKER.

Supreme Court of Georgia.

Jan. 12, 1904.

HOMESTEAD — SALE ON EXECUTION — MORTGAGE BY WIFE—AGENT—ESTOPPEL.

Real estate of a husband, set apart as a homestead, was levied on and sold. The purchaser at the sheriff's sale conveyed the land to the wife, a beneficiary under the homestead. She borrowed $1,000, and secured the same by a deed to the land, which was signed by her husband, acting as her agent. The holder of the security deed brought ejectment against the wife, and, having recovered a verdict, obtained a writ of possession. The husband, for himself and as the head of a family, sought a perpetual injunction against its enforcement. The jury found generally for the plaintiff. Held:

1. While the verdict was right in enjoining any interference with the homestead estate, it was too broad, in that it restrained the creditor from enforcing the writ after the termination of the homestead.

2. Where one, as agent for another, signs a deed conveying property, he is estopped from thereafter asserting against the grantee any adverse right based on a title or interest outstanding in such agent at the time of the execution of the deed.

¶ 2. See Estoppel, vol. 19, Cent. Dig. §§ 76, 190.

3. What one induces another to regard as true is to be treated as the truth between them if the party who acts has been misled to his damage by the conduct or statements of the other.

(Syllabus by the Court.)

Error from Superior Court Taylor County; W. B. Butt, Judge.

Action by A. M. Walker against the American Freehold Land Mortgage Company of London, Limited. Judgment for plaintiff, and defendant brings error. Reversed.

Real estate of A M. Walker, which had been set apart as a homestead for the benefit of his wife and minor children, was subsequently levied on and sold under a fi. fa. against him. Waters, the purchaser at the sheriff's sale, conveyed the land to Mrs. Alice Walker, the wife of A. M. Walker, and a beneficiary under the homestead. She borrowed from Sherwood $1,000, and secured the same by a deed to the land, which was signed by her husband as her agent The debt and security were transferred by Sherwood to the American Freehold Land Mortgage Company, which company brought ejectment against Mrs. Walker, and, having recovered a verdict, obtained a writ of possession. A. M. Walker, for himself and as head of the family, sought a perpetual injunction against its enforcement. The jury found generally for the plaintiff, and the mortgage company excepted.

W. E. Simmons, for plaintiff in error.

A. M. Colbert and Allen & Tisinger, for defendant in error.

LAMAR, J. It was conceded on the argument here that a verdict finding that the writ of possession should not be enforced during the continuance of the...