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BRASWELL v. BANK OF EARLY

No. A97A1498.

494 S.E.2d 277 (1997)

229 Ga. App. 445

BRASWELL v. BANK OF EARLY.

Court of Appeals of Georgia.

November 18, 1997.

Attorney(s) appearing for the Case

Walter E. Baker, for appellant.

William H. Mills, Robert R. McLendon IV, Blakely, for appellee.

SMITH, Judge.

The Bank of Early brought suit against Jerry D. Braswell on a promissory note. In Braswell's answer, he alleged that the suit was in reality a deficiency action. He maintained that because the note was secured by property that the bank repossessed and sold without accounting to him for the proceeds or otherwise complying with applicable law, the bank was precluded from recovering a deficiency balance. The trial court granted the bank's motion for summary...

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