SOMERS v. AVANT

35044.

244 Ga. 460 (1979)

261 S.E.2d 334

SOMERS v. AVANT.

Supreme Court of Georgia.

Decided October 16, 1979.


Attorney(s) appearing for the Case

Somers & Altenbach, John W. Gibson, Marvin M. Rice, for appellant.

Custer, Smith & Eubanks, Hansell L. Smith, for appellee.


HILL, Justice.

Defendant Shelley executed a note and deed to secure debt to Southern Syndicate, Inc., for the purchase of real property. Shelley later transferred the property to Eubanks by warranty deed. This deed was "made subject to" the security deed from Shelley to Southern Syndicate. Thereafter, Eubanks conveyed the property by warranty deed to co-defendant Avant. This deed provided that "Grantee as a part of the consideration for this conveyance does hereby...

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