Langley v. Stone

Felton, Chief Judge.

1. The answer and cross action set forth a good defense and grounds for cross action. In the absence of evidence conclusively disproving the facts alleged in the answer and cross action the allegations therein must be taken as true. Cotton States Mutual Ins. Co. v. Martin, 110 Ga. App. 309, 310 (138 SE2d 433).

2. Powers of sale must be fairly exercised. Code ■ Ann. §§ 37-607, 37-608. The fact that Code Ann. § 37-608 prohibits an action for a deficiency judgment unless a sale under power is confirmed by the superior court, irrespective of the difference in the value of the…