Brooks v. Causey, (No. 17325.)

• Decision Date: 20 December 1926
• Docket Number: (No. 17325.)
• Citation: 136 S.E. 282,36 Ga.App. 233
• Parties: BROOKS. v. CAUSEY.
• Court: Georgia Court of Appeals

36 Ga.App. 233

136 S.E. 282

BROOKS.

v.CAUSEY.

(No. 17325.)

Court of Appeals of Georgia, Division No. 2.

Dec. 20, 1926.

(Syllabus by the Court.)

Error from City Court of Carrollton; Leon Hood, Judge.

Action by J. M. Brooks against Sim Causey, with levy of distress warrant, in which defendant filed a counter affidavit. Judgment for defendant, and plaintiff brings error. Reversed.

S. Holderness, of Carrollton, for plaintiff in error.

Smith & Millican, of Carrollton, for defendant in error.

JENKINS, P. J. This case was tried under the following agreed statement of facts, as shown by the bill of exceptions:

"(a) J. M. Brooks conveyed the land on which the cotton levied on was grown to G. S. Algood by warranty deed, consenting that Algood might convey the property to the Federal Land Bank of Columbia, S. C., to secure a loan of $2,000 on July 29, 1922, with the further agreement that, for the balance of the purchase money due Brooks for the land from Algood, Algood would execute to Brooks a deed to said land, subject to the rights of said Federal Land Bank of Columbia.

"(b) Brooks executed a deed to Algood.

"(c) Algood executed his loan to the Federal Land Bank of Columbia.

"(d) Algood then executed to Brooks a deed to secure the remainder of the purchase money, subject to the rights of said bank, dated the 29th of July, 1922, and recorded August 14. 1922, in Deed Book 23, p. 8, in the office of the clerk of Carroll superior court, which said security deed gave Brooks the right, upon default in the payment of the purchase money, to sell the equity of said Algood in said land and at said sale to become the purchaser himself.

"(e) In July, 1925, Algood having defaulted in the payment to Brooks, Brooks declared the debt due, advertised the land for sale, and on the 4th day of August, 1925, before maturity of growing crops thereon, sold said land and became the purchaser thereof at and for the sum of $2,250, executing to himself a deed, which said deed was recorded on the 4th of August, 1925, in Deed Book 28, p. 305.

"(f) In the meantime, and prior to the advertisement of sale of said property, Algood had rented said land to Sim Causey for the year 1925, for $300, to be paid in the fall of 1925, and Causey had executed to Algood his negotiable promissory note for said rent.

"(g) Before the maturity of said note. Algood transferred the same for value to W. L. Stedham.

"(h) Causey paid Stedham, and paid him before the distress warrant in the instant case was sued out...