Bernath v. Malloy

Hall, Justice.

This is an appeal from an order of the Superior Court pfDeKalb County denying a request to enjoin prosecution in the State Court of DeKalb County.

*585In February 1974 Capital Land Investments bought certain property from appellant Bernath. The sale was consummated in part by a promissory note and a deed to secure debt. The appellant’s real estate agent was compensated in part with a broker’s note. Subsequent to the sale, the broker’s note was assigned to appellees Malloy and Faussemagne, and the main note and its deed to secure debt were transferred to Benjamin Blatt who has since…