Smith v. Republic Land & Investment Corp.

Nichols, Chief Justice.

Appellant brought this action under the Second Mortgage Act of 1966 (Ga. L. 1966, pp. 574, 576, as amended; Code Ann. § 57-201) to declare principal and interest on a loan forfeited for usury, to cancel the underlying note and second security deed and for a refund of all payments made. The trial court denied appellant’s motion for summary judgment and he appealed to the Court of Appeals upon a certificate of immediate review. The Court of Appeals transferred the appeal to this court. Appellee has filed a motion in this court to return the appeal to the Court of Appeals.

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