Legal Opinion

Bryant v. Branch

Court of Appeals of Georgia

Decided April 19, 1977No. 53720PublishedCited by 6 opinions

1Opinion of the Court

Deen, Presiding Judge.

1. Open end clauses may be contained and are effective in real estate security deeds as between the immediate parties. They are likewise effective in security instruments describing personal property as collateral, and where effective an amount which was recited in the instrument as having been a part of the down payment, may, if not in fact paid, be tacked on to the the instalment note indebtedness which gave rise to the foreclosure proceeding. Ayers v. Yancey Bros. Co., 141 Ga. App. 358. But this does not obtain if the security instrument has no open end provision (as…

2Cases cited4 opinions

  1. Jackson v. BrownSupreme Court of Georgia · 1952
  2. Beach v. FlemingSupreme Court of Georgia · 1958
  3. Ayers v. Yancey Brothers Co.Court of Appeals of Georgia · 1977
  4. Bob Parrott, Inc. v. First Palmetto BankCourt of Appeals of Georgia · 1974

3Cited by6 opinions

  1. Vaughn & Co. v. SaulCourt of Appeals of Georgia · 1977
  2. Riddle v. DriebeCourt of Appeals of Georgia · 1980
  3. C. K. C., Inc. v. FreeCourt of Appeals of Georgia · 1990
  4. Preiser v. Jim Letts Oldsmobile, Inc.Court of Appeals of Georgia · 1981
  5. Oakvale Road Associates, Ltd. v. Mortgage Recovery Fund-Atlanta Pools, L.P.Court of Appeals of Georgia · 1998

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