Collins v. Garrett

1. In a suit in the city court of Atlanta by the payee of a promissory note, to collect the balance due thereon (certain.real estate conveyed to the defendant by security deed of the makers of two notes put up by the defendant as collateral security for the note sued on having failed to bring enough at a sale under the power contained in the security deed to satisfy in full the amount of the principal note), the defendant can not set up, by way of set-off and counterclaim, that the sale of the real estate was void because of alleged fraud of the plaintiff in conducting such sale, by reason…