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SEAY v. CLEVELAND

No. S98G0260.

508 S.E.2d 159 (1998)

270 Ga. 64

SEAY v. CLEVELAND et al.

Supreme Court of Georgia.

October 26, 1998.

Attorney(s) appearing for the Case

Michael David St. Amand, Smith, Howard & Ajax, Atlanta, for John Seay.

Elliott R. Baker, William Elwood Whitaker, William G. Hasty, Jr., Jonathan A. Pope, Canton, for Arthur J. Cleveland et al.

James W. Ellison, Burnside, Wall, Daniel, Ellison & Revell, R. Jonathan Hart, Emily E. Garrard, Lee, Black, Scheer & Hart, Augusta, for Amicus Appellant.

HUNSTEIN, Justice.

On October 1, 1991, appellees Arthur and Annie Cleveland successfully bid and purchased property in Cherokee County at a sheriff's sale. Appellant, John Seay, is the Sheriff of Cherokee County; his deputy, Shelley Laughhunn, conducted the sale. After the sale, another deputy deducted the county's costs of the sale and paid the remaining balance to the attorney for the plaintiff in execution. The attorney failed to use the proceeds to satisfy the...

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