Legal Opinion
Smith v. Andrews
Court of Appeals of Georgia
Decided July 6, 1976No. 52216PublishedCited by 18 opinions
1Opinion of the Court
Stolz, Judge.
The mortgagee appeals from the order denying confirmation of his foreclosure sale of an apartment project to himself under the power of sale in his security deed. Held:
"In confirmation proceedings, the judge sits as a trier [or trior] of fact, and his findings and conclusions have the effect of a jury verdict. He hears the evidence and his findings based upon conflicting evidence should not be disturbed by a reviewing court if there is any evidence to support them. West v. West, 228 Ga. 397 (1) (185 SE2d 763); Classic Enterprises, Inc. v. Continental Mtg. Investors, 135 Ga. App.…
2Cases cited15 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Hill v. WillisSupreme Court of Georgia · 1968
- Thompson v. MasliaCourt of Appeals of Georgia · 1972
- West v. WestSupreme Court of Georgia · 1971
- Turner v. Baggett Transportation Co.Court of Appeals of Georgia · 1973
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Meyers v. GloverCourt of Appeals of Georgia · 1979
- Ayers v. Yancey Brothers Co.Court of Appeals of Georgia · 1977
- Lorentzson v. RowellCourt of Appeals of Georgia · 1984
- Grizzle v. Federal Land BankCourt of Appeals of Georgia · 1978
- Bpi Construction Company v. Collective Federal Savings & Loan AssociationCourt of Appeals of Georgia · 1988
13 more not listed; retrieve them via the Exa API.