Nylen v. Barbaris

Gunter, Justice.

This is an appeal from a judgment declining to dismiss an equitable action brought below against the appellant who was not a resident of the county in which the action was brought. The trial judge granted a certificate for review.

The appellee brought an action against the appellant in the trial court to enjoin the foreclosure pursuant to a power of sale contained in a deed to secure debt. The real estate described in the security deed being foreclosed was located in DeKalb County, but it was stipulated that the defendant-appellant, the foreclosing party, was a resident of…