C & S NAT. BANK v. GILBERT

48677.

130 Ga. App. 219 (1973)

202 S.E.2d 718

CITIZENS & SOUTHERN NATIONAL BANK v. GILBERT.

Court of Appeals of Georgia.

Decided November 1, 1973.

Rehearing Denied November 9, 1973.


Attorney(s) appearing for the Case

Alston, Miller & Gaines, J. Michael Kelly, for appellant.

Preston L. Holland, for appellee.


STOLZ, Judge.

Plaintiff Gilbert, the owner of an equity of redemption in realty under a foreclosed deed to secure debt, brought an action against the defendant bank, the grantee of an outstanding deed to secure debt (on the same realty) which is senior to the plaintiff's lien, seeking a declaratory judgment to the effect that the defendant lienholder is not entitled to include as part of the indebtedness secured by its senior deed to secure debt (which contains an...

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