Aikens v. Wagner

Judge Harold R. Banke.

Waymon Aikens and Walter Aikens (the “Aikenses”) sued Victor Wagner and Glen Anthony Roseberry for damages and to void a foreclosure sale.1 After both sides moved for summary judgment, the trial court granted Wagner’s motion. The Aikenses appeal that disposition and the denial of their motion.

Suzie Aikens purchased certain real estate in 1960. In late 1969, she contracted with DeKalb County Home Improvement Company (“DCHIC”) for certain home improvements. Suzie Aikens, who could neither read nor write, agreed to finance the work by pledging her real property as…