Supreme Court of Georgia, 1917

Coley v. Altamaha Fertilizer Co.

Coley v. Altamaha Fertilizer Co.
Supreme Court of Georgia · Decided July 11, 1917 · Eish
147 Ga. 150; 93 S.E. 90; 1917 Ga. LEXIS 94

Coley v. Altamaha Fertilizer Co.

Opinion of the Court

Eish, C. J.

A judgment against a grantor, obtained after the execution by him of a security deed, but prior to its being filed for record in the county where the land lies, is superior to such deed. Civil Code, §§ 3307, 3320; Cabot v. Armstrong, 100 Ga. 438 (3), 443 (28 S. E. 123); Cambridge Tile Co. v. Scaife & Sons Co., 137 Ga. 281 (2) (73 S. E. 492).

{a) The lien of a judgment being superior to a conveyance by subsequent deed) the provisions of the'Civil Code, § 6038, do not apply. That section relates to the payment of a secured debt by the holder of the judgment (a stranger to the security deed) against'the grantor, before the land can be subjected to the judgment last referred to.

(b) Applying the rule stated to the undisputed facts of this case, the court did not err in directing a verdict finding the land claimed subject to the execution.

Judgment affirmed.

All the Justices concur.

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