LIVELY v. OBERDORFER

21166.

216 Ga. 673 (1961)

119 S.E.2d 27

LIVELY et al. v. OBERDORFER, Trustee, et al.

Supreme Court of Georgia.

Decided March 9, 1961.


Attorney(s) appearing for the Case

Sams & Sams, for plaintiffs in error.

Sidney Haskins, Eugene Cook, Attorney-General, Ben F. Johnson, Deputy Assistant Attorney-General, Jos. J. Fine, Frank L. Conner, contra.


HEAD, Presiding Justice.

Eugene Oberdorfer, as trustee under the will of Albert Steiner, deceased, and as transferee of a deed to secure debt executed by Eunice Stewart to John F. Collins, filed his petition to foreclose the deed to secure debt as an equitable mortgage. W. W. Lively, who was alleged to be the holder of a general judgment inferior to the plaintiff's interest in the property, and others, were named as the defendants.

The general and special...

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