SMITH v. ANDREWS

52216.

139 Ga. App. 380 (1976)

228 S.E.2d 320

SMITH v. ANDREWS et al.

Court of Appeals of Georgia.

Decided July 6, 1976.

Rehearing Denied July 20, 1976.


Attorney(s) appearing for the Case

Hansell, Post, Brandon & Dorsey, Gary W. Hatch, for appellant.

Harland, Cashin, Chambers, Davis & Doster, James R. Harland, Jr., Samuel F. Doster, Jr., for appellees.


STOLZ, Judge.

The mortgagee appeals from the order denying confirmation of his foreclosure sale of an apartment project to himself under the power of sale in his security deed. Held:

"In confirmation proceedings, the judge sits as a trier [or trior] of fact, and his findings and conclusions have the effect of a jury verdict. He hears the evidence and his findings based upon conflicting evidence should not be disturbed by a reviewing court if there is...

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