Glover v. Cox

• Decision Date: 26 March 1908
• Citation: 61 S.E. 12,130 Ga. 470
• Parties: GLOVER. v. COX.
• Court: Georgia Supreme Court

130 Ga. 470

61 S.E. 12

GLOVER.

v.COX.

Supreme Court of Georgia.

March 26, 1908.

Rehearing Denied April 13, 1908.

1. Mortgages — Security Deed — Sale by Sheriff—Rights of Purchaser.

The grantor in a security deed failed to pay the secured debt at maturity, and suffered judgment to be obtained against him authorizing a sale of the property in the manner provided by law in such cases, and, after sale, was evicted by the sheriff, who placed the purchaser in possession (the purchaser being the grantee in the security deed). Held, that such grantor could not afterwards recover the land from the purchaser or one holding under him, even if the sale should be void on account of a failure on the part of the grantee to properly execute and record a deed of reconveyance to the grantor before levy, where such grantor neither paid nor tendered payment of all money necessary to discharge the security.

2. Ejectment—Defenses—Title Under Security Deed.

Where the holder of the security deed, who purchased at the sheriff's sale, as set out in the foregoing headnote, sold the property to another, receiving a part of the purchase money, making a bond for title to the vendee, and placing him in possession, the possession and right of possession of the purchaser from the original vendee were so connected with the security deed that, when an action of ejectment was brought against him by the maker thereof, he could defend by setting up the outstanding title conveyed by the maker of the security deed, even if the sheriff's sale was invalid because of a failure on the part of the plaintiff in execution to file and have properly recorded a deed of reconveyance before levy.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 17, Ejectment, § 104.]

(Syllabus by the Court.)

Error from Superior Court, Fulton County; J. T. Pendleton, Judge.

Action by Laura Glover against E. L. Cox. Judgment for defendant, and plaintiff brings error. Affirmed.

W. H. Terrell, for plaintiff in error.

J. H. Porter and Rosser & Brandon, for defendant in error.

ATKINSON, J. The action was complaint for land. After the introduction of evidence by the plaintiff and the defendant, the court directed a verdict in favor of the latter, and the plaintiff excepted. The plaintiff introduced sufficient evidence of title to support prima facie her action. The defendant filed an equitable plea. In support of the plea the defendant, among other muniments of title, relied upon a quitclaim deed executed by M McD. Pritchard and W. R. Dimmock, as trustees of the National Building Association of Baltimore City, conveying the land in dispute to the plaintiff, reciting that it was executed for the sole purpose of levying upon the land to satisfy an execution in favor of the said National Building Association of Baltimore City against the plaintiff, issued upon a judgment rendered against her for the recovery of a debt secured by a security deed which she had previously executed to said company to secure a loan. The quitclaim deed above mentioned contained in its caption the words: "Georgia, Fulton County." It was signed by M. McD. Pritchard, trustee, and W. R. Dimmock, trustee. The attesting clause contained the following: "Signed, sealed, and delivered in the presence of Robert Ogle [seal of court], clerk of superior court of Baltimore City, the same being a court of record. Peter Stevens [signature]. As to Dimmock, J. R. Fox; J. H. Porter, Notary Public, Fulton County, Georgia." The deed thus executed was recorded in the general records of Fulton county, where the land was located, June 7, 1900. In connection with this deed the defendant introduced an agreement between counsel for the plaintiff and defendant, dated December 7, 1906. reciting that said deed "was actually executed in Baltimore City by Pritchard, in the presence of Peter Stevens and ...