AMERICAN FINANCE COMPANY v. FIRST NATIONAL BANK IN NEWNAN

50510.

135 Ga. App. 24 (1975)

217 S.E.2d 364

AMERICAN FINANCE COMPANY v. FIRST NATIONAL BANK IN NEWNAN.

Court of Appeals of Georgia.

Decided June 5, 1975.


Attorney(s) appearing for the Case

J. Sidney Lanier, for appellant.

Glover & Davis, J. Littleton Glover, Jr., William E. Anderson, for appellee.


CLARK, Judge.

We frame the issue posed by this appeal thusly: Where an automobile is levied on and sold at a judicial sale pursuant to a writ of fieri facias is the holder of the motor vehicle security interest barred from bringing an action for conversion against the plaintiff in fi. fa. because the lienholder failed to assert its security interest in the court by means of our "claim" laws?

On January 30, 1973, a writ of fieri facias issued for the execution...

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