Dunaway v. EMPIRE MORTGAGE & INVESTMENT COMPANY

Jordan, Presiding Judge.

Dunaway sought by count 1 of his petition to set aside a deed made pursuant to a foreclosure sale, and by counts 2 and 3 sought attorney’s fees and damages. In June, 1967, the Supreme Court affirmed the denial of a summary judgment for the defendant as to count 1. Empire Mtg. &c. Co. v. Dunaway, 223 Ga. 443 (156 SE2d 41). By an order dated December 7, 1967, the trial judge imposed certain conditions upon the plaintiff with respect to further proceedings, and also dismissed count 2 without qualification. This order further recites that count 3 is undisposed of, and…