Legal Opinion
Banks v. Employees Loan & Thrift Corp.
Court of Appeals of Georgia
Decided June 24, 1965No. 41304PublishedCited by 5 opinions
1Opinion of the Court
Pannell, Judge.
1. An execution issued on the ex parte affidavit of foreclosure of a mortgage on personalty (Code § 67-701) is final process unless halted by a counter affidavit pursuant to Code § 67-801 (Powell v. Fowler & Son, 34 Ga. App. 186 (129 SE 13); Collier v. Blake, 16 Ga. App. 382 (1) (85 SE 354); Ford v. Fargason, 120 Ga. 606 (48 SE 180)), but such final process is not a general judgment against the mortgagor (Jackowitz v. Tingle, 98 Ga. App. 463 (2) (106 SE2d 44)), nor does such “judgment” adjudicate any issue between the parties.
2. While “the due and unresisted foreclosure of a…
2Cases cited20 opinions
- Perry v. McLendonSupreme Court of Georgia · 1879
- Draper v. MedlockSupreme Court of Georgia · 1905
- Ford v. FargasonSupreme Court of Georgia · 1904
- Farmer v. BairdCourt of Appeals of Georgia · 1926
- Worth v. CarmichaelSupreme Court of Georgia · 1902
15 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Candler I-20 Properties v. Inn Keepers Supply Co.Court of Appeals of Georgia · 1975
- Keating v. Department of Natural ResourcesCourt of Appeals of Georgia · 1976
- Walker v. Small Equipment Co.Court of Appeals of Georgia · 1966
- Atkins v. Bituminous Casualty Corp.Court of Appeals of Georgia · 1971
- McInvale v. Walter E. Heller & Co.Court of Appeals of Georgia · 1967