Keller v. Hand

McMurray, Presiding Judge.

This is the second appearance of this case in our court. Previously, we held that the trial court erred because it dismissed the plaintiff’s complaint without affording him a hearing. Hand v. Keller, 160 Ga. App. 884 (288 SE2d 597). In this appeal we must determine whether the trial court properly ruled upon the parties’ cross-motions for summary judgment.

Plaintiff Lee Hand brought this suit against defendants Wade F. Keller and Grace O. Keller in the Superior Court of Meriwether County. In his complaint, Hand, a junior lienholder of property owned by Frank and Linda…