Auld v. Cobb Exchange Bank

Wyatt, Justice.

It is a well-recognized maxim of equity that the doors of a court of equity will not be opened to a plaintiff until he himself does equity. Under this principle, a borrower who seeks to enjoin the lender from exercising a power of sale in a security deed must offer to do equity by paying the secured debt admittedly due. Smith v. Bukofzer, 180 Ga. 209, 212 (178 S. E. 641); Latimer v. Lyon, 177 Ga. 888 (171 S. E. 562); Oliver v. Slack, 192 Ga. 7 (14 S. E. 2d, 593).

In the present case the petition admits that $150 per month was due under the terms of the note and security deed,…