Supreme Court of Georgia, 1917

Avera v. Southern Mortgage Co.

Avera v. Southern Mortgage Co.
Supreme Court of Georgia · Decided May 17, 1917 · Gilbert
147 Ga. 24; 92 S.E. 533; 1917 Ga. LEXIS 27

Avera v. Southern Mortgage Co.

Opinion of the Court

Gilbert, J.

1. As an abstract principle of law, it was error to reject certain voluntary deeds, which had been recorded. But the error was harmless, since the record of a voluntary deed is not notice to an innocent third person who acquires for a valuable consideration a contract lien against the property. Actual notice is required by law, in order to give priority to a voluntary deed. Fleming v. Townsend, 6 Ga. 104 (50 Am. D. 318); Fowler v. Waldrip, 10 Ga. 350; Finch v. Woods, 113 Ga. 996 (39 S. E. 418) ; Civil Code (1910), § 4198.

2. Under the facts of this case, the court did not err in directing a.verdict for the plaintiff.

Judgment affirnied.

All the Justices concur.

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