EMPIRE MORTGAGE &c. CO. v. DUNAWAY

24020.

223 Ga. 443 (1967)

156 S.E.2d 41

EMPIRE MORTGAGE & INVESTMENT COMPANY v. DUNAWAY.

Supreme Court of Georgia.

Decided June 8, 1967.

Rehearing Denied June 27, 1967.


Attorney(s) appearing for the Case

Edenfield, Heyman & Sizemore, W. Dan Greer, for appellant.

G. Hughel Harrison, for appellee.


MOBLEY, Justice.

The appeal by Empire Mortgage & Investment Company is from an order denying its motion for summary judgment. Weyman H. Dunaway, the appellee, brought a petition in three counts against the appellant. In the first count he sought to set aside a deed made pursuant to a foreclosure sale. The second and third counts prayed for damages and attorney's fees.

In Count 1, as amended, it was alleged that on July 9, 1965, the appellee executed a...

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