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Lawskills.com Georgia Caselaw
ABDALLA v. REAGIN ENTERPRISES, INC.
43591.
GREGORY, Justice.
Equity. Hall Superior Court. Before Judge Smith.
Michael J. Abdalla brought suit to set aside a deed to Reagin Enterprises, Inc. The trial court granted summary judgment to Reagin. We affirm.
In a complex three-party transaction, William and Jane Irvin conveyed the land in question to D.C.C.P., Inc. and received a note and deed to secure debt. D.C.C.P., Inc. then exchanged this land for another tract owned by Abdalla and, by agreement of all three parties, Abdalla assumed the obligations under the note and deed to secure debt. When the note was not paid as installments fell due, the Irvins exercised the power of sale contained in the deed to secure debt and thereby conveyed the land by deed to Reagin Enterprises, Inc. It is this latter deed which Abdalla sought to have the court below set aside.
Fockele & Gosselin, Mark Fockele, David R. Perry, Frank W. Armstrong, Stern & Funk, Lee S. Goldstein, for appellee.
Paul R. Koehler, for appellant.
DECIDED SEPTEMBER 3, 1986.
Friday July 25 00:39 CDT


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