Adair Mtg. Co. v. Allied Concrete Enterprises, Inc.

I concur fully in the last paragraph of the majority opinion here and in the judgment of affirmance since the contractor was sued and judgment obtained in accordance with law. An in rem proceeding was then commenced against the property more than two years after the judgment was obtained against the contractor. Under the earlier interpretations by the Supreme Court of Code Ann. § 67-2002 prior to the 1968 amendment (Ga. L. 1968, p. 317), this procedure was proper. See such cases as Southern R. Co. v. Crawford & Slaten Co., 178 Ga. 450 (173 SE 378), and others citing this case.

However, I am…