DAVIS v. JOHNSON

33020.

241 Ga. 436 (1978)

246 S.E.2d 297

DAVIS et al. v. JOHNSON et al.

Supreme Court of Georgia.

Decided June 28, 1978.


Attorney(s) appearing for the Case

Webb, Fowler & Tanner, W. Howard Fowler, J. L. Edmondson, for appellants.

Alston, Miller & Gaines, G. Conley Ingram, Glyndon C. Pruitt, A. Mims Wilkinson, Jr., James M. Powell, John G. McCullough, William H. Willson, Jr., George A. Pindar, for appellees.


MARSHALL, Justice.

In the present case, the Gwinnett County Bank seeks to set aside its cancellation of a deed to secure debt executed by the prior owner of certain real estate. The bank also seeks to enjoin Dealers Supply Company, a judgment creditor of the erstwhile owner, from foreclosing on the property. The trial court dismissed the complaint for failure to state a claim for relief. We have determined that the complaint does state a claim for relief. We therefore...

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