Coile v. Finance Co. of America

Cook, Justice.

J. Obie Coile brought an equitable action against the Finance Company of America, seeking the cancellation of a note and deed to secure debt and the enjoining of a foreclosure of property under the deed. The defendant filed a plea of res judicata, asserting that a prior judgment in a case between the same parties on the same cause of action terminated by the dismissal of the petition on general demurrer, which judgment of dismissal was affirmed by this court (Coile v. Finance Co. of America, 221 Ga. 584 (146 SE2d 304)), and that the judgment on demurrer was a full and final…