Manion v. Varn

Supreme Court of Georgia

Manion v. Varn

108 S.E. 531, 152 Ga. 141, 1921 Ga. LEXIS 21

CourtSupreme Court of Georgia

DecidedSeptember 27, 1921

DocketNo. 2175

StatusPublished

This text of 108 S.E. 531 (Manion v. Varn) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Manion v. Varn, 108 S.E. 531, 152 Ga. 141, 1921 Ga. LEXIS 21 (Ga. 1921).

Pincite

Opinion

.Fish, C. J.

A'proceeding under the land-registration act (Georgia Laws 1917, p. 108) should not-have been temporarily enjoined at the'in- , stance of the grantor in the conveyance under which the applicant asserted title to the land, for the alleged reason that such instrument, i though in form a warranty deed, was given to secure a debt which had been discharged, because the applicant for the registration, without authority, had appropriated to his own use timber growing on the land, of value exceeding the amount of the debt, and for which, as was alleged, the applicant could not be brought to an accounting in such proceeding.

Such issue could be raised in the suit for registration, by the filing of a cross-action thereto by the grantor in the conveyance, and the title registered in accordance with the decision on that issue.

Judgment affirmed.

All the Justices concur. J. P. Knight and H. W. Nelson, for plaintiff. Dan B. Bruce, for defendants.

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.Fish, C. J.

A'proceeding under the land-registration act (Georgia Laws 1917, p. 108) should not-have been temporarily enjoined at the'in- , stance of the grantor in the conveyance under which the applicant asserted title to the land, for the alleged reason that such instrument, i though in form a warranty deed, was given to secure a debt which had been discharged, because the applicant for the registration, without authority, had appropriated to his own use timber growing on the land, of value exceeding the amount of the debt, and for which, as was alleged, the applicant could not be brought to an accounting in such proceeding.

Such issue could be raised in the suit for registration, by the filing of a cross-action thereto by the grantor in the conveyance, and the title registered in accordance with the decision on that issue.

Judgment affirmed.

All the Justices concur. J. P. Knight and H. W. Nelson, for plaintiff. Dan B. Bruce, for defendants.

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Bluebook (online)

108 S.E. 531, 152 Ga. 141, 1921 Ga. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manion-v-varn-ga-1921.