Legal Opinion
Davis v. HOMER LUMBER COMPANY
Supreme Court of Georgia
Decided October 14, 1954No. 18713PublishedCited by 9 opinions
1Opinion of the Court
Mobley, Justice.
1. A petition, seeking cancellation of a security deed and injunction against a sale under power contained therein, alleging that the indebtedness has been paid in full, and that the petitioner is the holder of a junior security deed, is, as against general demurrer, sufficient to set forth a cause of action for the relief prayed for. Perry v. Gormley, 183 Ga. 757 (1) (189 S. E. 850).
2. Facts resting peculiarly within the knowledge of the opposite party may be alleged in general terms. Atlanta Trust Co. v. National Bondholders Corp., 188 Ga. 761, 770 (4 S. E. 2d 644); Allen v.…
2Cases cited6 opinions
- Allen v. AllenSupreme Court of Georgia · 1943
- Beebe v. SmithCourt of Appeals of Georgia · 1948
- Atlanta Trust Co. v. National Bondholders Corp.Supreme Court of Georgia · 1939
- Mu Chapter Building Fund Inc. v. HenrySupreme Court of Georgia · 1949
- Anglin v. AnglinSupreme Court of Georgia · 1953
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Canal Insurance Co. v. TateCourt of Appeals of Georgia · 1965
- Etheridge Motors, Inc. v. HaynieCourt of Appeals of Georgia · 1961
- HOSPITAL AUTHORITY OF CITY OF ST. MARYS v. EasonCourt of Appeals of Georgia · 1966
- Farr v. McCookCourt of Appeals of Georgia · 1957
- Teasley v. JonesSupreme Court of Georgia · 1959
4 more not listed; retrieve them via the Exa API.