Tucker v. Bank of Alapaha

Undercofler, Justice.

Gladys Tucker, individually and as next friend for her minor child, filed a complaint in the Superior Court of Berrien County against the Bank of Alapaha seeking to enjoin the exercise of a power of sale contained in a certain deed to secure debt held by the bank, and to have the secured debt canceled. An interlocutory injunction was granted pending the trial.

The evidence introduced at the trial shows that on June 21, 1966, Walter T. Tucker and Gladys Tucker, his wife, executed a note and bill of sale to the Bank of Alapaha in the amount of $4,400; that this was secured…