Creek v. First National Bank
Creek v. First National Bank
Opinion of the Court
Breach of limited warranty deed. The appellee First National Bank of Atlanta, was the holder of a security deed. Pursuant to the power of sale under the deed, the bank became the owner of the
1. The appellee bank’s motion to dismiss the appeal for a procedural delinquency is denied.
2. We affirm the judgment of the trial court. Initially we note that Creek does not base his plea upon fraud or misrepresentation, nor was any evidence offered or argument made at trial that the bank was aware of the tax delinquency or in any way mislead Creek at the time of the sale. A reading of the limited warranty shows beyond peradventure that the covenant protects against claims made (after the conveyance) by the grantor or by some person claiming through or under the bank. By the limitation of the warranty, it appears that the bank intended no warranty except as against itself and its own acts, or acts of third parties which affected the right to possession, which acts occurred during the time of ownership by the bank. Though the tax lien apparently was recorded, and thus was constructive notice to the bank, Creek’s petition does not assert fraud or misrepresentation, but is based solely on breach of covenant. The tax lien does not fall within the limited warranty because the claim for taxes was not set up by the grantor or anyone claiming under the bank but by the taxing authority, a stranger to the land. Even as the delinquent taxes constituted an adverse claim against Creek, so was the claim an adverse interest to the right of possession and ownership of the bank. See McDonough & Co. v. Martin, 88 Ga. 675 (16 SE 59).
It follows that because the loss was not one reasonably
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.