Honea v. Gilbert
| Decision Date | 28 January 1976 |
| Docket Number | No. 30506,30506 |
| Citation | 236 Ga. 218,223 S.E.2d 115 |
| Parties | M. C. HONEA, Sr., et al. v. Warren E. GILBERT. |
| Court | Georgia Supreme Court |
Alford & Hamilton, Walter C. Alford, Tucker, for appellants.
Floyd E. Siefferman, Jr., Atlanta, for appellee.
This appeal is from a judgment that temporarily enjoined the appellants 'from accelerating the balance of the debt on the land in question and from foreclosing thereon and from exercising a power of sale with respect thereto.' The judgment also overruled appellants' motion to dismiss the complaint of the appellee for failure to state a claim.
Appellee, before making an interest payment due on a promissory note held by appellants, demanded the release of certain acreage that he had conveyed to appellants to secure the payment of the promissory note. Appellants refused to release the acreage and notified the appellee by letter that he was in default under the terms of the promissory note and security deed from him which they held. Appellee then brought his complaint for temporary and permanent injunctive relief to prevent appellants from accelerating installment payments because of alleged default and from foreclosing under the terms of the security deed held by them.
The security deed from appellee to appellants was attached to the appellee's complaint as an exhibit. It shows a principal indebtedness to the appellants in the amount of $47,337.51 evidenced by a promossory note. It provided that interest payments on the unpaid balance were to be paid annually for three years from date of closing; it provided that principal and interest payments were then to be paid in five annual installments on the unpaid balance; and it further provided that appellants would release acreage described in the security deed on the following terms: (1) 'seller shall release in its entirety the above referred Tract No. 2, containing 20 acres upon payment in full of the existing first mortgage,' and (2) 'additional releases based on 110% of money paid in with interior and road frontage proportionate.'
The security deed was made expressly subject to a first-lien mortgage, and when appellee paid off that first-lien mortgage, appellants released the 20 acre tract, designated as Tract No. 2, in its entirety. Appellee made two of the annual interest installments, and before making the third annual interest installment payment he demanded the release of acreage in accordance with...
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Smith v. Seaboard Coast Line R. Co.
...ambiguous, then, is a question of law for the court. Freeman v. Continental Gin Co., 381 F.2d 459 (5th Cir. 1967); Honea v. Gilbert, 236 Ga. 218, 219, 223 S.E.2d 115 (1976); Early v. Kent, 215 Ga. 49, 49-50, 108 S.E.2d 708 (1959); Ga.Code Ann. § 20-701. Only if ambiguity remains after the c......
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Management Assistance, Inc. v. Computer Dimensions
...clear or ambiguous is a question of law for the Court. Freeman v. Continental Gin Co., 381 F.2d 459 (5th Cir. 1967); Honea v. Gilbert, 236 Ga. 218, 219, 223 S.E.2d 115; Ga. Code Ann. § 20-701. Only if an ambiguity remains after the Court applies the appropriate rules of construction does th......
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Driscoll v. Schuttler
...is a question of law for the Court. Davis v. United Life Insurance Co., 215 Ga. 521, 526, 111 S.E.2d 488 (1959); Honea v. Gilbert, 236 Ga. 218, 219, 223 S.E.2d 115 (1976); Management Assistance, Inc. v. Computer Dimensions, 546 F.Supp. 666, 673 n. 4 (N.D.Ga.1982) (Shoob, J.). Only if ambigu......
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Jordan v. Flynt, s. 32501 and 32618
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