Legal Opinion

Holland v. Sterling

Supreme Court of Georgia

Decided November 7, 1958No. 20256PublishedCited by 7 opinions

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

  1. Plainville Brick Co. v. WilliamsSupreme Court of Georgia · 1930
  2. Walton v. JohnsonSupreme Court of Georgia · 1957
  3. Byrd v. Equitable Life Assurance SocietySupreme Court of Georgia · 1938
  4. Clark v. C. T. H. Corp.Supreme Court of Georgia · 1936
  5. Poore v. PooreSupreme Court of Georgia · 1954

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Tower Financial Services, Inc. v. SmithCourt of Appeals of Georgia · 1992
  2. Rossville Federal Savings & Loan Ass'n v. Chase Manhattan BankSupreme Court of Georgia · 1967
  3. Bob Parrott, Inc. v. First Palmetto BankCourt of Appeals of Georgia · 1974
  4. Decatur Investments Co. v. McWilliamsCourt of Appeals of Georgia · 1982
  5. Stone v. DavisSupreme Court of Georgia · 1978

2 more not listed; retrieve them via the Exa API.

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