HARPE v. STONE

19277.

212 Ga. 341 (1956)

92 S.E.2d 522

HARPE v. STONE et al.

Supreme Court of Georgia.

Decided April 9, 1956.


Attorney(s) appearing for the Case

J. Hugh Rogers, Mitchell & Mitchell, for plaintiff in error.

Pittman & Greene, Y. A. Henderson, contra.


HAWKINS, Justice.

1. Under the long-recognized and codified maxim that "He who would have equity must do equity" (Code § 37-104), before a borrower who has executed to the same grantee two deeds to secure debts can have affirmative equitable relief to set aside a sale by the creditor under exercise of the power of sale contained in the deeds, and to set aside the deed made by the creditor to a third person by virtue of such sale, and a deed by the creditor's...

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