DAVIS v. HOMER LUMBER COMPANY

18713.

211 Ga. 144 (1954)

84 S.E.2d 59

DAVIS v. HOMER LUMBER COMPANY.

Supreme Court of Georgia.

Decided October 14, 1954.


Attorney(s) appearing for the Case

Jack F. Broyles, J. Hugh Rogers, for plaintiff in error.

Bates Block, contra.


MOBLEY, Justice.

1. A petition, seeking cancellation of a security deed and injunction against a sale under power contained therein, alleging that the indebtedness has been paid in full, and that the petitioner is the holder of a junior security deed, is, as against general demurrer, sufficient to set forth a cause of action for the relief prayed for. Perry v. Gormley, 183 Ga. 757 (1) (189 S. E. 850).

2. Facts resting peculiarly within the knowledge...

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