Avera v. Southern Mortgage Co.

92 S.E. 533, 147 Ga. 24, 1917 Ga. LEXIS 27

• Court: Supreme Court of Georgia
• Decided: May 17, 1917
• Status: Published

Opinion

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.