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BOWEN v. KICKLIGHTER

46146.

124 Ga. App. 82 (1971)

183 S.E.2d 10

BOWEN et al. v. KICKLIGHTER et al.

Court of Appeals of Georgia.

Decided June 21, 1971.

Attorney(s) appearing for the Case

Harry R. DeLoach, Cowart & Cowart, Carroll L. Cowart, for appellant.

Dubberly & Dubberly, Bruce D. Dubberly, B. Daniel Dubberly, Jr., for appellees.

EBERHARDT, Judge.

1. There is no doubt that the security deed held by the bank and the indebtedness incurred to the bank thereunder was superior in rank to the claim of the plaintiff. Indeed, plaintiff admits in its pleadings and in affidavits that it knew of the deed when the materials were sent out to the Kicklighter job. Consequently, as between the bank and plaintiff the bank would prevail. Bennett Lumber Co. v...

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