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Lawskills.com Georgia Caselaw
BOARDMAN v. GEORGIA RAILROAD BANK & TRUST COMPANY.
47378.
STOLZ, Judge.
Confirmation of sale. Richmond Superior Court. Before Judge Fleming.
1. The trial court properly overruled the general and special demurrers, the use of which was abolished in this State by 7 (c) of the Civil Practice Act (Code Ann. 81A-107 (c); Ga. L. 1966, pp. 609, 618; as amended, Ga. L. 1967, pp. 226, 230).
2. The trial court properly overruled the motion to dismiss.
(a) The presentation of a petition for confirmation of a sale under power to a judge of the superior court of the county wherein the land lies within 30 days after the sale, satisfies the notice requirement of Code Ann 67-1503 (Ga. L. 1935, p. 381). The law does not require the filing of the petition within the aforesaid 30-day period.
(b) The mailing of copies of the petition to the defendant and his counsel within 5 days of the hearing, in the absence of a contention of nonreceipt thereof, constituted "notice" of the hearing as required by Code Ann. 67-1505 (Ga. L. 1935, p. 381), the mode of service of which is prescribed by Code Ann. 81A-105 (b) (Ga. L. 1966, pp. 609, 615; as amended).
The evidence as to the value of the land, although conflicting, was sufficient to authorize the judgment confirming the sale.
Cumming, Nixon, Yow, Waller & Capers, Regnald Maxwell, Jr., John B. Long, for appellee.
Franklin H. Pierce, Lanier, Powell, Cooper & Cooper, L. Valdi Cooper, for appellant.
ARGUED SEPTEMBER 5, 1972 -- DECIDED SEPTEMBER 19, 1972.
Friday May 22 14:23 EDT


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