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DECATUR FED. SAV. AND LOAN v. GIBSON

Nos. S97A0728, S97X0823.

489 S.E.2d 820 (1997)

268 Ga. 362

DECATUR FEDERAL SAVINGS AND LOAN v. GIBSON et al. GIBSON et al. v. DECATUR FEDERAL SAVINGS AND LOAN.

Supreme Court of Georgia.

September 15, 1997.

Attorney(s) appearing for the Case

Peter Lawrence Lublin, Scott Harold Michalove, Carol V. Clark, McCalla, Raymer, Padrick, Cobb, Nichols & Clark, Atlanta, for Decatur Federal Savings and Loan Association.

Harmon W. Caldwell, Jr., Wade Hampton Watson III, Caldwell & Watson, Randall S. Berryman, Atlanta, for John W. Gibson.

THOMPSON, Justice.

In May 1989, defendants John W. and Paula Taggart Gibson borrowed $129,000 from plaintiff Decatur Federal to purchase a home. They executed a promissory note in favor of Decatur Federal as well as a security deed to the property. First Union is successor to the interest of Decatur Federal (hereafter "First Union"). In September 1994, First Union erroneously marked the note "paid in full" and returned the original to the Gibsons. It is undisputed...

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