Supreme Court of Georgia, 1921

Daniel v. Charping

Daniel v. Charping
Supreme Court of Georgia · Decided January 14, 1921 · George
151 Ga. 34; 105 S.E. 465; 1921 Ga. LEXIS 138

Daniel v. Charping

Opinion of the Court

George, J.

1. A deed absolute in form may be shown to have been made to secure a debt, where the maker remains in possession of the land. Civil Code, § 3258; Bashinski v. Swint, 133 Ga. 38 (65 S. E. 152); Mercer v. Morgan, 136 Ga. 632 (71 S. E. 1075); Renitz v Williamson, 149 Ga. 241 (99 S. E. 869).

2. Accordingly, the court did not err in overruling the demurrer to the petition, and in admitting in evidence upon the trial of the case parol testimony tending to sustain the allegations of the petition, it appearing that the plaintiff in the equitable suit remained in the possession of the land.

3. That the court in his charge to the jury intimated an opinion upon an uncontested and undisputed fact in the case is not cause for a new trial.

4. The evidence authorized the verdiet.

Judgment affirmed.

All the Justices concur. Z. B. Rogers, for plaintiff in error. Gh'ogan & Payne, contra.

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