Scott v. Paisley, 271 U.S. 632 (1926)

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Scott v. Paisley


No. 253


Argued April 19, 20, 1926
Decided June 7, 1926
271 U.S. 632

ERROR TO THE SUPREME COURT
OF THE STATE OF GEORGIA

Syllabus

1. Under § 6037 of the Georgia Code, 1910, the holder of a debt and of the legal title of land conveyed to him as security by the debtor, may, upon default in payment, reduce the debt to judgment, place of record a quitclaim reinvesting the debtor with the legal title to the land, and thereupon have the land levied on and sold in satisfaction of the judgment, free from the claims of persons who purchased the land from the debtor subject to the security deed. P. 634.

2. Held, that there is no principle entitling such purchasers to notice of the exercise of this statutory power by the creditor, and that, in failing to provide such notice, the statute does not deprive them of property without due process of law or deny them the equal protection of the laws. P. 635.

158 Ga. 876 affirmed.

Error to a judgment of the Supreme Court of Georgia which affirmed a judgment dismissing the petition in a suit by Dorothy Scott, purchaser of land subject to a security deed, to set aside a sale made thereunder and to redeem the legal title by payment of the debt.