Gooden v. Greater New York Savings Bank

Supreme Court of Georgia

Gooden v. Greater New York Savings Bank

140 S.E.2d 199, 220 Ga. 515, 1965 Ga. LEXIS 550

CourtSupreme Court of Georgia

DecidedJanuary 7, 1965

Docket22731

StatusPublished

This text of 140 S.E.2d 199 (Gooden v. Greater New York Savings Bank) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gooden v. Greater New York Savings Bank, 140 S.E.2d 199, 220 Ga. 515, 1965 Ga. LEXIS 550 (Ga. 1965).

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Opinion

Grice, Justice.

The sustaining of general demurrers to, and the dismissal of, a security deed grantor’s petition seeking to recover property sold under power of sale in such security deed are for review here. The correctness of this ruling turns upon tender of amounts admittedly due by such grantor, but the allegations of the petition are so vague and indefinite, no times as to the alleged tenders or refusals being given, as to make it impossible to determine whether proper tenders were made. Therefore, construing the petition most strongly against the pleader, we must hold that no valid tender or excuse of tender is shown.

Judgment affirmed.

All the Justices concur.

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Grice, Justice.

The sustaining of general demurrers to, and the dismissal of, a security deed grantor’s petition seeking to recover property sold under power of sale in such security deed are for review here. The correctness of this ruling turns upon tender of amounts admittedly due by such grantor, but the allegations of the petition are so vague and indefinite, no times as to the alleged tenders or refusals being given, as to make it impossible to determine whether proper tenders were made. Therefore, construing the petition most strongly against the pleader, we must hold that no valid tender or excuse of tender is shown.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

140 S.E.2d 199, 220 Ga. 515, 1965 Ga. LEXIS 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gooden-v-greater-new-york-savings-bank-ga-1965.