Thornton v. Southern Mutual Investment Corp.

Jordan, Justice.

Appellee instituted an action in Fulton Superior Court on March 9,1973, alleging default under the provisions of a deed to secure debt in favor of the appellee which had been assumed by the appellant, seeking the appointment of a receiver to collect rents, etc. After a hearing on March 30,1973, the trial judge appointed a receiver for such purposes. On April 25, 1973, the appellee filed its motion for discharge of the receiver supported by an affidavit which showed that the property in question was sold in DeKalb County on April 3, 1973, pursuant to the foreclosure provisions…