Benton v. Patel

Bell, Justice.

In this case we are called upon to decide whether the superior court was correct in granting an interlocutory injunction prohibiting the appellant, Benton, from foreclosing under a deed to secure a debt owed by the appellees, the Patels. For the reasons which follow we reverse the judgment.

The real estate in question is a tract of land, together with improvements thereon, located on the south side of the city of Douglas, Ga., and known as Benton’s Motel. In 1977 the appellant sold the motel to predecessors in title of the appellees. As part of the transaction the purchasers gave…