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Lawskills.com Georgia Caselaw
POWELL et al. v. ANGLIN.
27519.
GRICE, Presiding Justice.
Foreclosure. Cobb Superior Court. Before Judge Hames.
This appeal is from the denial of the appellants' motion for summary judgment involving foreclosure of a security deed. It was certified for immediate review.
From an examination of the record we find that there were genuine issues of material fact. including whether there was any such excess and whether there was an agreement not to foreclose, and that therefore the appellants were not entitled to a judgment as a matter of law.
In this situation the trial court properly denied the motion.
G. Robert Howard, for appellee.
William E. Otwell, for appellants.
ARGUED OCTOBER 11, 1972 -- DECIDED NOVEMBER 9. 1972.
Friday May 22 15:06 EDT


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