Daniel v. Charping

Decided January 14, 1921

Supreme Court of Georgia · decided 1921-01-14

Equitable petition. Before Judge Hodges. Elbert superior court. .February 6, 1920. In 1884 James B. Turner conveyed to Mrs. Sarah E. Charping 120 acres of land in Elbert county, for life, with remainder to her children. The life-tenant, wishing to .obtain a loan upon the land, executed on October 10, 1914, and solely for that purpose, a deed to her eleven children, all of whom were of legal age.

Relies on Mercer v. Morgan · Bashinski v. Swint · Renitz v. Williamson

Good law ✅— No negative treatment on recordhow we know

Decided 1921-01-14

How this case has been cited

Cited by 11 later decisions — most recently May 1974

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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George, J.

¶11. A deed absolute in form may be shown to have been made to secure a debt, where the maker remains in possession of the land. Civil Code, § 3258; Bashinski v. Swint, 133 Ga. 38 (65 S. E. 152); Mercer v. Morgan, 136 Ga. 632 (71 S. E. 1075); Renitz v Williamson, 149 Ga. 241 (99 S. E. 869).

¶22. Accordingly, the court did not err in overruling the demurrer to the petition, and in admitting in evidence upon the trial of the case parol testimony tending to sustain the allegations of the petition, it appearing that the plaintiff in the equitable suit remained in the possession of the land.

¶33. That the court in his charge to the jury intimated an opinion upon an uncontested and undisputed fact in the case is not cause for a new trial.

¶44. The evidence authorized the verdiet.

¶5Judgment affirmed.

All the Justices concur.Z. B. Rogers, for plaintiff in error. Gh'ogan & Payne, contra.