First National Bank v. Osborne

Jordan, Justice.

First National Bank in Elberton appeals from an order granting the motion of Fletcher D. Osborne for judgment on the pleadings as to the first count of its complaint against Osborne. Certificate for immediate review was signed by the trial judge.

The complaint of the bank was in two counts. The first count, as amended, alleged that: On November 8, 1973, Osborne executed and delivered to it a promissory note for $400,000. On the same date Osborne executed and delivered to the bank three deeds to secure debt and assigned an option to real estate to secure this sum. "At the time…