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GILES v. SWIMMER

No. S11A1371.

725 S.E.2d 220 (2012)

290 Ga. 650

GILES et al. v. SWIMMER et al.

Supreme Court of Georgia.

March 5, 2012.

Attorney(s) appearing for the Case

Daniel, Lawson, Tuggle & Jerles, Tom W. Daniel, for appellants.

Brock, Clay, Calhoun & Rogers, Richard W. Calhoun, Parker, Hudson, Rainer & Dobbs, Constance M. Ewing, Nancy H. Baughan, Harold D. Ehrman, for appellees.

BENHAM, Justice.

This case involves an underlying action for quiet title and comes to us from the trial court's grant of appellee Branch Banking & Trust's (BB & T) motion for summary judgment. The facts show that in December 1988, William K. Folds executed a promissory note (the "Note") to Adolph Swimmer for a loan of $128,000. As collateral, two security deeds were executed from Folds to Swimmer for (i) two four-acre tracts of land and (ii) a one-acre tract...

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