¶1A 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*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.
141 Ga. 46
McConnell v. Gregory
Decided November 15, 1913
Supreme Court of Georgia · decided 1913-11-15
<p>Claim. Before Judge Thomas. Berrien superior court. November 20, 1912.</p>
Cited by 3 later decisions — most recently July 1923
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1913-11-15
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