MASSEY ASSOC. v. WHITEHORSE INNS.

S94A1917.

265 Ga. 320 (1995)

MASSEY ASSOCIATES, LTD. v. WHITEHORSE INNS OF GEORGIA, INC. et al.

Supreme Court of Georgia.

Reconsideration Denied March 30, 1995.


Attorney(s) appearing for the Case

Glass, McCullough, Sherrill & Harrold, Geoffrey H. Cederholm III, for appellant.

Varner, Stephens, Humphries & White, Brendan J. McCarthy, J. D. Humphries III, Smith, Gambrell & Russell, E. Kendrick Smith, for appellees.


BENHAM, Presiding Justice.

Appellant Massey Associates and appellee Whitehorse Inns of Georgia own contiguous parcels of real estate in DeKalb County. Massey's predecessor in title acquired its property by foreclosure under power of sale contained in a deed to secure debt. Located on Massey's tract is a sign that advertises the business operated by Whitehorse Inns. When Whitehorse Inns' predecessor in title refused Massey's request to remove the sign or pay reasonable...

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