Plaintiffs filed suit to set aside a foreclosure sale and deed under a power of sale on the ground that the bank failed to give proper notice prior to selling the property to defendant. The trial court ruled in favor of defendant and plaintiffs appeal. Nor can it be said that this case invokes the equity jurisdiction of this Court. Any equitable relief which plaintiffs seek is ancillary to the legal questions of whether the bank properly notified plaintiffs of the foreclosure proceeding, whether the bank's recital of notification in the deed under power of sale protected the validity of defendant's purchase, and whether defendant qualified as a bona fide purchaser of the property. See Redfearn v. Huntcliff Homes Assn., 271 Ga. 745 (524 SE2d 464) (1999); Pittman v. Harbin Clinic Professional Assn., 263 Ga. 66 (428 SE2d 328) (1993); Beauchamp v. Knight, 261 Ga. 608 (409 SE2d 208) (1991); Fowler v. Smith, 230 Ga. App. 817 (498 SE2d 130) (1998). |