Legal Opinion
Gentry v. Hibbler-Barnes Co.
Court of Appeals of Georgia
Decided January 18, 1966No. 41748, 41749PublishedCited by 16 opinions
1Opinion of the Court
Deen, Judge.
1. A litigant may, either consecutively or concurrently, pursue any number of consistent remedies to enforce the payment of a debt until it is satisfied. “Obtaining a judgment on the note and foreclosure of the security device are consistent remedies, and the utilization of one will not constitute either an election or abandonment of the other.” Hopkins v. West Publishing Co., 106 Ga. App. 596 (2) (127 SE2d 849). See Pioneer Investments, Inc. v. Adrine, 97 Ga. App. 520 (2) (103 SE2d 686).
2. Black’s Law Dictionary defines deficiency as “that part of a debt secured by mortgage not…
2Cases cited4 opinions
- Atlantic Loan Co. v. PetersonSupreme Court of Georgia · 1935
- Hopkins v. West Publishing Co.Court of Appeals of Georgia · 1962
- Harrow v. Metropolitan Life InsuranceMichigan Supreme Court · 1938
- Pioneer Investments, Inc. v. AdrineCourt of Appeals of Georgia · 1958
3Cited by16 opinions
- Trust Investment & Development Co. v. First Georgia BankSupreme Court of Georgia · 1977
- Clements v. Fleet Finance, Inc.Court of Appeals of Georgia · 1992
- Hill v. MoyeCourt of Appeals of Georgia · 1996
- Redman Industries, Inc. v. Tower Properties, Inc.District Court, N.D. Georgia · 1981
- Brown v. Georgia State BankCourt of Appeals of Georgia · 1977
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