HAMPTON v. GWINNETT BANK & TRUST COMPANY., 251 Ga. 181, 304 S.E.2.d 63 (1983)

Supreme Court of Georgia, (June 28, 1983)

Docket number: 39811
DECIDED

MARSHALL, Presiding Justice. - DECIDED
Permanent Link: http://vlex.com/vid/hampton-gwinnett-bank-amp-trust-company-20401308
Id. vLex: VLEX-20401308

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Summary:

Judgment affirmed. All the Justices concur.

Citations:

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Cited by:

Supreme Court of Georgia - BRAMBLETT v. BRAMBLETT., 252 Ga. 21, 310 S.E.2.d 897 (1984)

Supreme Court of Georgia - LUNSFORD v. INCOME PROPERTIES, INC. et al., 254 Ga. 55, 325 S.E.2.d 590

Supreme Court of Georgia - DIME SAVINGS BANK OF NEW YORK, FSB et al. v. SANDY SPRINGS ASSOCIATES, INC. et al., 261 Ga. 485, 405 S.E.2.d 491

Text:

Charles William Hampton, pro se.Smith & Chapin, Orville L. Chapin, for appellant.

The subject property is Hampton's residence. It has a market value of approximately $70,000, and is subject to two loan deeds: a 1967 loan deed securing an indebtedness in the amount of $23,700, with an interest rate of 7%; and another 1967 loan deed securing an indebtedness in the amount of $4,500, with an interest rate of 7 1/2%. These two loan deeds are assumable.

In 1978, Hampton executed a warranty deed conveying this property to E.T.A. Engineers, Inc., a Panamanian corporation. E.T.A. has in turn conveyed the property to a trust, the address of which is Hampton's residence. However, the 1978 warranty deed was not recorded until 1982.

The general rule under OCGA 9-13-60 (Code Ann. 39-201, 39-202) is that a judgment creditor satisfy any indebtedness on property in which the judgment debtor has an equitable interest prior to levy and sale. "The section quoted above was codified from an act of the General Assembly passed in 1894. Ga. L. 1894, p. 101. It was intended to prescribe a remedy for judgment creditors in cases where the legal title to property of which the debtor is otherwise the owner has been reserved or conveyed to secure debt, and for this reason is not subject to levy. Jarvis v. Burke, 9-13-60 (Code Ann. 39-201, 39-202)]. Nor will equity aid such a junior judgment creditor in subjecting to his lien the property conveyed by the security deed, so as to authorize a relaxation of the general rule, unless peculiar facts are shown, involving established equitable principles, such as would render the remedy at law under the statute inadequate, and would authorize a grant of the equitable relief prayed. Moncrief Furnace Co. v. Northwest Atlanta Bank, 230 Ga. 389 (197 SE2d 352) (1973).

William J. Porter, Jr., for appellee.

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