Clairmont Development Co. v. Trust Co. Bank

Court of Appeals of Georgia

Clairmont Development Co. v. Trust Co. Bank

233 S.E.2d 37, 141 Ga. App. 180, 1977 Ga. App. LEXIS 1822

CourtCourt of Appeals of Georgia

DecidedFebruary 2, 1977

Docket53236

StatusPublished

Cited by1 cases

This text of 233 S.E.2d 37 (Clairmont Development Co. v. Trust Co. Bank) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Clairmont Development Co. v. Trust Co. Bank, 233 S.E.2d 37, 141 Ga. App. 180, 1977 Ga. App. LEXIS 1822 (Ga. Ct. App. 1977).

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Opinion

Bell, Chief Judge.

This case is an appeal from a judgment confirming the sale of realty pursuant to the foreclosure of a security deed. We affirm. A sale under power may be set aside only when the price paid is grossly inadequate and the sale is accompanied by either fraud, mistake, misapprehension, surprise or other circumstances which authorized a finding that those circumstances contributed to bringing about the inadequacy of price. Giordano v. Stubbs, 228 Ga. 75 (3) (184 SE2d 165). The evidence here does not fall within the above rule nor is there any evidentiary basis that plaintiff "chilled” the sale.

Judgment affirmed.

McMurray and Smith, JJ., concur.

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Bell, Chief Judge.

This case is an appeal from a judgment confirming the sale of realty pursuant to the foreclosure of a security deed. We affirm. A sale under power may be set aside only when the price paid is grossly inadequate and the sale is accompanied by either fraud, mistake, misapprehension, surprise or other circumstances which authorized a finding that those circumstances contributed to bringing about the inadequacy of price. Giordano v. Stubbs, 228 Ga. 75 (3) (184 SE2d 165). The evidence here does not fall within the above rule nor is there any evidentiary basis that plaintiff "chilled” the sale.

Judgment affirmed.

McMurray and Smith, JJ., concur.

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233 S.E.2d 37, 141 Ga. App. 180, 1977 Ga. App. LEXIS 1822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clairmont-development-co-v-trust-co-bank-gactapp-1977.

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