Murry v. Lett

Grice, Justice.

Trial of a suit to set aside the foreclosure sale of certain real estate produced this appeal. The litigation began when Lucille Broadnax filed suit in the Superior Court of Fulton County against Nera Lett, the holder of the security deed with power of sale. The plaintiff claimed an equity in this property by virtue of a warranty deed from Floyd Foster, who had allegedly inherited the property from his wife, Annie Ackerman.

In Murry v. Lett, 219 Ga. 809 (136 SE2d 348), we held that the petition sufficiently alleged contractual modification creating a quasi new agreement as to…