Northwest Atlanta Bank v. Manning

Reid, Chief Justice.

In so far as the motion to dismiss the writ of error is concerned, we are content to let our decision rest upon the case of Huey v. National Bank of Fitzgerald, 177 Ga. 64 (169 S. E. 491), and cit., where this matter is definitely ruled, without a discussion of the line of cases preceding it.

The petition admits that the complainant received from the bank the sum of $2185 at the time he gave it the security deed which contains the power of sale the bank sought to exercise, and that this amount has not been paid. He would not be entitled to enjoin the sale by reason of the…