Baker v. Kimzey

Court of Appeals of Georgia

Baker v. Kimzey

128 S.E. 923, 34 Ga. App. 184, 1925 Ga. App. LEXIS 132

CourtCourt of Appeals of Georgia

DecidedJuly 14, 1925

Docket16450

StatusPublished

Cited by1 cases

This text of 128 S.E. 923 (Baker v. Kimzey) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. Kimzey, 128 S.E. 923, 34 Ga. App. 184, 1925 Ga. App. LEXIS 132 (Ga. Ct. App. 1925).

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Opinion

Luke, J.

1. Where the maker of a deed to secure a debt dies, and his widow and the holder of the security deed and the administrator, on his estate all agree that the land shall be sold by the administrator, and the administrator, after procuring an order of sale from the ordinary and advertising as required by law, sells the land at public outcry, before the court-house door (where a large crowd is assembled), to the highest bidder, at a fair price, after first telling those present that he is selling the land free from all liens and that the title is absolutely good, it is lawful and proper for the administrator to pay off the secured loan from the proceeds of the sale before applying any part to the year’s support of the widow; and this is true even though at the time of the sale the deed is on record uncanceled and the legal title to the land is in the grantee. Thompson v. Atwater, 84 Ga. 270 (10 S. E. 718); Mallard v. Curran, 123 Ga. 872 (51 S. E. 712).

2. By agreement the court tried the case without a jury. The evidence supports the judgment finding the proceeds of the sale subject to the payment of the secured debt, no assignment of error upon the introduction of evidence warrants a new trial, and the judgment overruling the motion for a new trial is affirmed.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur.

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Luke, J.

1. Where the maker of a deed to secure a debt dies, and his widow and the holder of the security deed and the administrator, on his estate all agree that the land shall be sold by the administrator, and the administrator, after procuring an order of sale from the ordinary and advertising as required by law, sells the land at public outcry, before the court-house door (where a large crowd is assembled), to the highest bidder, at a fair price, after first telling those present that he is selling the land free from all liens and that the title is absolutely good, it is lawful and proper for the administrator to pay off the secured loan from the proceeds of the sale before applying any part to the year’s support of the widow; and this is true even though at the time of the sale the deed is on record uncanceled and the legal title to the land is in the grantee. Thompson v. Atwater, 84 Ga. 270 (10 S. E. 718); Mallard v. Curran, 123 Ga. 872 (51 S. E. 712).

2. By agreement the court tried the case without a jury. The evidence supports the judgment finding the proceeds of the sale subject to the payment of the secured debt, no assignment of error upon the introduction of evidence warrants a new trial, and the judgment overruling the motion for a new trial is affirmed.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur.

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Bluebook (online)

128 S.E. 923, 34 Ga. App. 184, 1925 Ga. App. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-kimzey-gactapp-1925.

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