BANK OF CUMMING v. MOSELEY

34803.

243 Ga. 858 (1979)

257 S.E.2d 278

BANK OF CUMMING v. MOSELEY et al.

Supreme Court of Georgia.

Decided June 27, 1979.


Attorney(s) appearing for the Case

Robinson, Harben, Armstrong & Millikan, Emory F. Robinson, Frank W. Armstrong, for appellant.

Thomas C. Jones, Jr., for appellees.


HALL, Justice.

Harry and Ted Moseley sued appellant Bank of Cumming to force re-assignment to them of a third party note and security deed held by the bank as collateral for a loan to the brothers. When the bank failed to answer, the Moseleys obtained a default judgment. Within the same term of court, the trial judge set aside the default, but the bank still did not answer the complaint. Eleven months later, the bank attempted to foreclose on the third party note...

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