Giles v. Swimmer

BENHAM, Justice.

This case involves an underlying action for quiet title and comes to us from the trial court’s grant of appellee Branch Banking & Trust’s (BB&T) motion for summary judgment. The facts show that in December 1988, William K. Folds executed a promissory note (the “Note”) to Adolph Swimmer for a loan of $128,000. As collateral, two security deeds were executed from Folds to Swimmer for (i) two four-acre tracts of land and (ii) a one-acre tract of land. The deeds were recorded in Towns County in February 1991. Because Folds was president of Inter-American Construction Company…