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Black v. McMillon

Court of Appeals of Georgia
Jan 9, 1978
241 S.E.2d 618 (Ga. Ct. App. 1978)

Opinion

54693.

SUBMITTED OCTOBER 12, 1977.

DECIDED JANUARY 9, 1978.

Action on note. Walton Superior Court. Before Judge Ridgway.

Heyman Sizemore, Gerald M. Edenfield, L. Lee Dailey, for appellants.

Jordan Jordan, Hill Jordan, for appellee.


This appeal was taken from the order of the trial judge confirming a foreclosure sale. The appellant contends that confirmation of the sale was an abuse of discretion by the trial judge. Held:

The expert testimony offered as to value was conflicting. "In confirmation proceedings, the judge sits as a trier of fact, and his findings and conclusions have the effect of a jury verdict. He hears the evidence and his findings based upon conflicting evidence should not be disturbed by a reviewing court if there is any evidence to support them ... What value is, or may have been, is a question of fact to be resolved as others are. In so doing the trial court is the judge of the credibility of the witnesses and of the weight to be given the evidence." Am. Century Mtg. Investors v. Strickland, 138 Ga. App. 657, 661 ( 227 S.E.2d 460).

Since the judgment of the court is not without evidence to support it, such judgment will not be disturbed.

Judgment affirmed. Shulman and Banke, JJ., concur.

SUBMITTED OCTOBER 12, 1977 — DECIDED JANUARY 9, 1978.


Summaries of

Black v. McMillon

Court of Appeals of Georgia
Jan 9, 1978
241 S.E.2d 618 (Ga. Ct. App. 1978)
Case details for

Black v. McMillon

Case Details

Full title:BLACK et al. v. McMILLON

Court:Court of Appeals of Georgia

Date published: Jan 9, 1978

Citations

241 S.E.2d 618 (Ga. Ct. App. 1978)
241 S.E.2d 618