
    Crawford v. Maddox et al.
    
    Argued January 16,
    Decided February 9, 1903.
    Equitable petition. Before Judge Lumpkin. Eulton superior <court. April 28, 1902.
    
      A. S. Davis and J. A. Anderson, for plaintiff. ■
    
      J. T. Pendleton and C. D. Maddox, for defendants.
   Simmons, C. J.'

Where A, the owner of land, borrows money from B and gives a security deed, taking a bond for titles, and subsequently mortgages the land to C to secure the payment of money borrowed, and then sells and transfers the bond for titles to D, who has notice of the mortgage, aud D pays off the claims of B, C can not in equity foreclose his mortgage on the land and have it sold without first paying or tendering to D the amount paid by the latter to B. Crummey v. Bank, 30 Ga. 670; Williams v. Foy, 111 Ga. 856.

Judgment affirmed.

By five Justices.  