Supreme Court of Georgia, 1903

Crawford v. Maddox

Crawford v. Maddox
Supreme Court of Georgia · Decided February 9, 1903 · Simmons
117 Ga. 135; 43 S.E. 421; 1903 Ga. LEXIS 172

Crawford v. Maddox

Opinion of the Court

Simmons, C. J.'

Where A, the owner of land, borrows money from B and gives a security deed, taking a bond for titles, and subsequently mortgages the land to C to secure the payment of money borrowed, and then sells and transfers the bond for titles to D, who has notice of the mortgage, aud D pays off the claims of B, C can not in equity foreclose his mortgage on the land and have it sold without first paying or tendering to D the amount paid by the latter to B. Crummey v. Bank, 30 Ga. 670; Williams v. Foy, 111 Ga. 856.

Judgment affirmed.

By five Justices.

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