McConnell v. Gregory

Supreme Court of Georgia

McConnell v. Gregory

79 S.E. 1128, 141 Ga. 46, 1913 Ga. LEXIS 309

CourtSupreme Court of Georgia

DecidedNovember 15, 1913

StatusPublished

Cited by1 cases

This text of 79 S.E. 1128 (McConnell v. Gregory) 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

McConnell v. Gregory, 79 S.E. 1128, 141 Ga. 46, 1913 Ga. LEXIS 309 (Ga. 1913).

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Opinion

Fish, C. J.

A conveyance of land executed by a borrower to secure a debt infected with usury is void and ineffectual to pass title. Civil Code, § 3442. Therefore the maker of such a conveyance may, subsequently to its execution, have • a. valid homestead set apart in the property sought to be so conveyed; which homestead will not be subject to a judgment recovered on. the debt, notwithstanding the usury was elim[47]*47inated •when the judgment was taken. Applying these rulings to the eyidence in this "case, the court erred in directing a verdict finding the property subject. Judgment reversed.

November 15, 1913.

Claim. Before Judge Thomas. Berrien superior court. November 20, 1912.

Hendricks & Christian, for plaintiff in error. Alexander & Gary, contra. All the Justices concur.

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Fish, C. J.

A conveyance of land executed by a borrower to secure a debt infected with usury is void and ineffectual to pass title. Civil Code, § 3442. Therefore the maker of such a conveyance may, subsequently to its execution, have • a. valid homestead set apart in the property sought to be so conveyed; which homestead will not be subject to a judgment recovered on. the debt, notwithstanding the usury was elim[47]*47inated •when the judgment was taken. Applying these rulings to the eyidence in this "case, the court erred in directing a verdict finding the property subject. Judgment reversed.

November 15, 1913.

Claim. Before Judge Thomas. Berrien superior court. November 20, 1912.

Hendricks & Christian, for plaintiff in error. Alexander & Gary, contra. All the Justices concur.

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Bluebook (online)

79 S.E. 1128, 141 Ga. 46, 1913 Ga. LEXIS 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcconnell-v-gregory-ga-1913.

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