Gilbert v. Decker

Pope, Judge.

This appeal arises from the grant of defendant-appellee Decker’s motion for summary judgment and is based upon the following factual situation: In December 1973, plaintiff-appellant Gilbert borrowed $12,000.00 from Decker who received in return a deed to secure debt to certain property consisting of approximately 4 acres in Fulton County, Georgia. Gilbert defaulted in September 1978 and Decker filed suit on the note. During the pendency of the suit, settlement of the issues by the parties resulted in a consent judgment in the amount of $14,480.00. The terms of the agreement…