DARBY & ASSOCIATES, LTD. v. FEDERAL DEPOSIT INS. CORP.

53131.

141 Ga. App. 78 (1977)

232 S.E.2d 615

DARBY & ASSOCIATES, LTD. et al. v. FEDERAL DEPOSIT INSURANCE CORPORATION et al.

Court of Appeals of Georgia.

Decided January 25, 1977.


Attorney(s) appearing for the Case

Jones & Barnwell, Taylor W. Jones, Troutman, Sanders, Lockerman & Ashmore, Mark S. Kaufman, for appellants.

Johnson & Montgomery, William D. Montgomery, Albert Sidney Johnson, John Shiver, Kent T. Stair, for appellees.


DEEN, Presiding Judge.

1. This is an action for confirmation of a loan deed foreclosure under power, and calls first for a construction of that part of Code § 67-1503 which specifies that there shall be no action for deficiency judgment "unless the person instituting the foreclosure proceedings shall, within 30 days after such sale, report the sale" etc., the objection being that this action is proceeding illegally because the "person" instituting it is not the...

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