Hunter v. Associated Mortgage Companies Inc.

The superior courFof DeKalb County was without jurisdiction to confirm or refuse to confirm the sale of the property. . The entire act of 1935 was unconstitutional and void as against the enforcement of this contract, which was executed before the approval of the act. Atlantic Loan Co. v. Peterson, 181 Ga. 266 (182 S. E. 15). The question of constitutionality of the act was not raised in DeKalb superior court in the proceeding now being considered. On the contrary the creditor undertook to comply with its terms, and prayed for confirmation of the sale. The court refused confirmation. The…