CLAY v. SMITH

20693, 20694, 20695.

215 Ga. 668 (1960)

112 S.E.2d 767

CLAY v. SMITH (three cases).

Supreme Court of Georgia.

Decided January 8, 1960.

Rehearing Denied February 11, 1960.


Attorney(s) appearing for the Case

Elliott & Davis, Joseph H. Davis, E. E. Moore, Jr., for plaintiff in error.

Joe W. Rowland, John B. Harris, Jr., contra.


HEAD, Justice.

1. The assignment of error on the overruling of the defendant's demurrers to the petition of Smith in the suit on the promissory note has been specifically abandoned.

In so far as the defendant's amendment to his answer, dated March 8, 1951, sought to enjoin the foreclosure of the deed to secure debt, it came too late, since the deed had been foreclosed prior to the filing of the amendment. It is axiomatic that a court of equity will not grant...

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