Legal Opinion
Oliver v. Wayne
Supreme Court of Georgia
Decided November 11, 1936No. 11599PublishedCited by 2 opinions
1Opinion of the Court
Gilbert, Justice.
1. The power of sale contained in tlie security deeds was sufficient to effect tlie purpose of tlie contracting parties. It is not necessary that such power shall contain a stipulation of “time, place, and manner of sale.” Compare Calloway v. Peoples Bank, 54 Ga. 441; Plainville Brick Co. v. Williams, 170 Ga. 75, 80 (152 S. E. 85).
2. “Powers of sale in deeds of trust, mortgages, and other instruments shall be strictly construed and shall be fairly exercised. In the absence of stipulations to the contrary in the instrument, the time, place,'and manner of the sale shall be that…
2Cases cited7 opinions
- Garrett v. CrawfordSupreme Court of Georgia · 1907
- Plainville Brick Co. v. WilliamsSupreme Court of Georgia · 1930
- Calloway v. People's BankSupreme Court of Georgia · 1875
- Slate v. Mayor of Blue RidgeSupreme Court of Georgia · 1901
- Longworthy v. FeatherstonSupreme Court of Georgia · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hood Oil Company v. MossCourt of Appeals of Georgia · 1975
- Smith v. TaylorCourt of Appeals of Georgia · 1969