Holland v. Sterling
Supreme Court of Georgia
1Opinion of the Court
Head, Justice.
The plaintiff in error was employed as an attorney by Central Builders Supply Company, Inc., as assignee of Citizens Bank of Hapeville, to- foreclose a deed to secure debt executed by John Sterling to the bank. The plaintiff in error has not cited any authority to sustain a petition for interpleader under the facts of this case.
“Powers of .sale in deeds of trust, mortgages, and other instruments, shall be strictly construed and shall be fairly exercised. . . .” Code § 37-607 as amended, Ga. L. 1937, p. 481. Powers contained in a deed to secure debt are matters of contract, and…
2Cases cited7 opinions
- Plainville Brick Co. v. WilliamsSupreme Court of Georgia · 1930
- Walton v. JohnsonSupreme Court of Georgia · 1957
- Byrd v. Equitable Life Assurance SocietySupreme Court of Georgia · 1938
- Clark v. C. T. H. Corp.Supreme Court of Georgia · 1936
- Poore v. PooreSupreme Court of Georgia · 1954
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Tower Financial Services, Inc. v. SmithCourt of Appeals of Georgia · 1992
- Rossville Federal Savings & Loan Ass'n v. Chase Manhattan BankSupreme Court of Georgia · 1967
- Bob Parrott, Inc. v. First Palmetto BankCourt of Appeals of Georgia · 1974
- Decatur Investments Co. v. McWilliamsCourt of Appeals of Georgia · 1982
- Stone v. DavisSupreme Court of Georgia · 1978
2 more not listed; retrieve them via the Exa API.