Dockery v. Parks

Mobley, Justice.

This is an appeal from an order confirming a sale of real estate under power of sale in a deed to secure debt, pursuant to Ga. L. 1935, p. 381 {Code Ann. § 37-608). The appeal was directed to the Court of Appeals and that court has transferred it to this court, the majority opinion of the Court of Appeals stating that the case is an equitable one. Dockery v. Parks, 117 Ga. App. 589 (161 SE2d 406).

The Court of Appeals cited Tingle v. Atlanta Fed. &c. Assn., 211 Ga. 636 (87 SE2d 841), in which this court transferred a similar case to the Court of Appeals, but held that the…