Oliver v. Slack

Jenkins, Justice.

Under the codified, long-recognized maxim that "he who would have equity must do equity, and give effect to all equitable rights in the other party respecting the subject-matter of the suit” (Code, § 37-104), a borrower who has executed a deed to secure debt is not entitled to an injunction against a sale of the' property under a power in the deed, unless he first pays or tenders to the creditor the amount admittedly due. Biggers v. Home Building & Loan Association, 179 Ga. 429, 431 (176 S. E. 38), and cit.; Redwine v. Frizzell, 184 Ga. 230, 237 (10, 11) (190 S. E. 789);…