Legal Opinion · Dissent

Giordano v. Stubbs

Supreme Court of Georgia

Decided September 27, 1971No. 26533, 26534Published

1DissentFelton, Justice

I recognize the principle cited in Division 3 of the majority opinion, that, in order to set aside a sale of property under power, not only must the price realized be grossly inadequate, but also the sale must be accompanied by either fraud, mistake, misapprehension, surprise or other circumstances which might authorize a finding that such circumstances contributed to bringing about the inadequacy of price. No argument should be necessary to show that the price realized, $35,000, was grossly inadequate for the property sold, evidence of the value of which ranged from approximately $100,000 to…

2Cases cited15 opinions

  1. Ginn v. MorganSupreme Court of Georgia · 1969
  2. Forlaw v. Augusta Naval Stores Co.Supreme Court of Georgia · 1905
  3. Scott v. PaisleySupreme Court of the United States · 1926
  4. Johnson v. SherrerSupreme Court of Georgia · 1944
  5. Harrison v. HarrisonSupreme Court of Georgia · 1958

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