STEWART v. DIEHL

No. A95A2533.

466 S.E.2d 913 (1996)

219 Ga. App. 821

STEWART et al. v. DIEHL.

Court of Appeals of Georgia.

January 10, 1996.


Attorney(s) appearing for the Case

Douglas R. Daum, Snellville, for appellants.

Susan H. Irwin, Decatur, for appellee.


McMURRAY, Presiding Judge.

By warranty deed, plaintiff Donna Diehl conveyed real property to defendant Sandra D. Stewart. The property was subject to an existing first mortgage, "which indebtedness Grantee [Sandra D. Stewart ...] assume[d] and agree[d] to pay." Sandra D. Stewart and her mother, defendant Frances Louise Helms, also signed a purchase money promissory note, representing a "second mortgage," in the principal amount of $6,000. This note was secured by...

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