McINVALE v. WALTER E. HELLER & CO., INC.

42866.

116 Ga. App. 71 (1967)

156 S.E.2d 371

McINVALE v. WALTER E. HELLER & COMPANY, INC. et al.

Court of Appeals of Georgia.

Decided June 23, 1967.


Attorney(s) appearing for the Case

H. Thad Crawley, for appellant.

Adams, O'Neal, Steele, Thornton & Hemingway, Jerome L. Kaplan, for appellees.


FELTON, Chief Judge.

1. The due and unresisted foreclosure of the chattel mortgage, followed by the regular sale of the mortgaged property under the mortgage execution, concluded the defendant mortgagor, as to the property sold, from setting up in his answer to the plaintiff mortgagee's action for a deficiency judgment the defense of a void affidavit of foreclosure — on the grounds of its premature filing, improper subject matter, lack of verification of the...

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