The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 132
xv, 1025 p. ; 23 cm.View a full description of this legislative document.
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250 FEDERAL REPORTER
of the property conveyed. This seems an unsatisfactory and illogical
result in the present case, as, taking the contract as executed by the
deed to Harry W. All, it leaves the matter open to another lawsuit.
Mrs. All, being in possession of the property (if she is), would main-
tain her possession, and the bank would be put to its civil action to
recover possession, and in the case, upon the production of this decree,
the court in whose jurisdiction the action to recover may be brought
would leave the parties as it finds them. The better rule would be to
follow the action of the court in Williams v. Bayley, where the contract
was canceled and the securities directed to be returned. Where, in
the case of an executed contract, the rights of innocent third parties
without notice had intervened, their rights would be protected by the
court; but such is not the present case. The property is still held
by the National Bank of Savannah.
It is accordingly ordered, adjudged, and decreed that the deed of
conveyance from T. Gertrude All to Harry W. All of the premises
described in the bill of complaint herein, bearing date the - day
of August, 1910, and recorded in the office of the registrar of mesne
conveyances for Barnwell county, Book 8D, page 238, as between the
parties to these proceedings, is null and void, as being made for an il-
legal consideration, and that the defendant the National Bank of Sa-
vannah, by virtue of such deed and of the mortgage from Harry W.
All of the property therein described made to the said National Bank
of Savannah, and of the foreclosure sale by virtue of the foreclosure
proceedings in this court for foreclosure of such mortgage, and the
deed of conveyance from the master of this court thereof to the said
National Bank of Savannah made in pursuance of the decree in said
foreclosure proceedings, takes no interest whatsoever in the lands and
premises described therein as against the plaintiff T. Gertrude All,
who as against the National Bank of Savannah is entitled to the title
to and the possession of said premises.
It is further ordered, adjudged, and decreed that within 30 days from
the date of this decree the National Bank of Savannah do deliver to
and file with the clerk of this court the said deed of conveyance from T.
Gertrude All to Harry W. All, and the said mortgage from Harry
W. All to the National Bank of Savannah, and the said deed of con-
veyance from the master of this court to the said National Bank of
Savannah, and upon the delivery of the same to the clerk of this court
that the clerk of this court shall execute in proper form a memorandum
on each of them that the same has been canceled under and by virtue
of this decree, and have his declaration therein to that effect duly pro-
bated in form to be recorded according to the laws of this state, and
that, upon payment of the costs of these proceedings and the costs of
probating, remitting, and recording the same, he do have the record of
such statements of cancellation as so probated recorded in the office
of the registrar of mesne conveyances for Barnwell county.
On consideration of all the circumstances of this case, however, it
is further ordered, adjudged, and decreed that the complainant, under
the circumstances of this case, should pay all the costs of these pro-
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38821/m1/147/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.