Legal Opinion

Harwell v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF WINDER

Supreme Court of Georgia

Decided May 7, 1980No. 36067PublishedCited by 5 opinions

1Opinion of the Court

Nichols, Justice.

The trial court confirmed in favor of First Federal a sale made under a power to sell contained in a security deed. Harwell and Golden Mark appeal contending that they were unconstitutionally deprived of a jury trial and that the sale should not have been confirmed because the true market value of the property was not obtained.

1. Code Ann. § 67-1503, relating to confirmation of sales under powers contained in security deeds, does not violate Art. VI, Sec. XV, Par. I of the Constitution of Georgia of 1976 (Code Ann. § 2-4401) by failing to provide for the trial of issues of…

2Cases cited4 opinions

  1. Beasley v. BurtSupreme Court of Georgia · 1946
  2. Classic Enterprises, Inc. v. Continental Mortgage InvestorsCourt of Appeals of Georgia · 1975
  3. Peachtree Mortgage Corp. v. First National BankCourt of Appeals of Georgia · 1977
  4. Kilgore v. Life Insurance Company of GeorgiaCourt of Appeals of Georgia · 1976

3Cited by5 opinions

  1. Fayette Promenade, LLC v. Branch Banking & Trust Co.Court of Appeals of Georgia · 2002
  2. Marett Properties, L. P. v. Centerbank Mortgage Co.Court of Appeals of Georgia · 1992
  3. Marion G. Davis, Inc. v. CAMERON-BROWN COMPANYCourt of Appeals of Georgia · 1986
  4. BBC Land & Development, Inc. v. Bank of North GeorgiaCourt of Appeals of Georgia · 2008
  5. Williams v. South Central Farm Credit, ACACourt of Appeals of Georgia · 1994

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