Supreme Court of Georgia, 1913

McConnell v. Gregory

Supreme Court of Georgia · Decided November 15, 1913 · Fish

141 Ga. 46; 79 S.E. 1128; 1913 Ga. LEXIS 309

Cases that cite this one

1 later published case cites this decision.

McConnell v. Gregory (Ga. 1917)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Fish, C. J.

A conveyance of land executed by a borrower to secure a debt infected with usury is void and ineffectual to pass title. Civil Code, § 3442. Therefore the maker of such a conveyance may, subsequently to its execution, have • a. valid homestead set apart in the property sought to be so conveyed; which homestead will not be subject to a judgment recovered on. the debt, notwithstanding the usury was elim*47inated •when the judgment was taken. Applying these rulings to the eyidence in this "case, the court erred in directing a verdict finding the property subject. Judgment reversed.

November 15, 1913.

Claim. Before Judge Thomas. Berrien superior court. November 20, 1912.

Hendricks & Christian, for plaintiff in error. Alexander & Gary, contra. All the Justices concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.