Boardman v. Georgia Railroad Bank &Amp; Trust Company., 127 Ga. App. 63, 192 S.E.2d 390 (1972)

Georgia Court Of Appeals

Status: ARGUED

Docket Number: 47378

Parts: STOLZ, Judge.

Linked as:

Summary

Judgment affirmed. Bell, C. J., and Evans, J., concur.

Summary

Judgment affirmed. Bell, C. J., and Evans, J., concur.

Text

Cumming, Nixon, Yow, Waller & Capers, Regnald Maxwell, Jr., John B. Long, for appellee.Franklin H. Pierce, Lanier, Powell, Cooper & Cooper, L. Valdi Cooper, for appellant.

1. The trial court properly overruled the general and special demurrers, the use of which was abolished in this State by 7 (c) of the Civil Practice Act (Code Ann. 81A-107 (c); Ga. L. 1966, pp. 609, 618; as amended, Ga. L. 1967, pp. 226, 230).

2. The trial court properly overruled the motion to dismiss.

(a) The presentation of a petition for confirmation of a sale under power to a judge of the superior court of the county wherein the land lies within 30 days after the sale, satisfies the notice requirement of Code Ann 67-1503 (Ga. L. 1935, p. 381). The law does not require the filing of the petition within the aforesaid 30-day period.

(b) The mailing of copies of the petition to the defendant and his counsel within 5 days of the hearing, in the absence of a contention of nonreceipt thereof, constituted "notice" of the hearing as required by Code Ann. 67-1505 (Ga. L. 1935, p. 381), the mode of service of which is prescribed by Code Ann. 81A-105 (b) (Ga. L. 1966, pp. 609, 615; as amended).

The evidence as to the value of the land, although conflicting, was sufficient to authorize the judgment confirming the sale.

1972