Public-domain · open source
OpenJurist

144 Ga. App. 500

Black v. McMillon

Court of Appeals of Georgia

Decided January 9, 1978

Court of Appeals of Georgia · decided 1978-01-09

Relies on 138 Ga. App. 657 - American Century Mortgage Investors v. Strickland

Decided 1978-01-09

Quillian, Presiding Judge.

¶1This 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 *501discretion by the trial judge. Held:

Submitted October 12, 1977Decided January 9, 1978.Heyman & Sizemore, Gerald M. Edenfield, L. Lee Dailey, for appellants.Jordan & Jordan, Hill Jordan, for appellee.

¶2The 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 SE2d 460).

¶3Since the judgment of the court is not without evidence to support it, such judgment will not be disturbed.

¶4Judgment affirmed.

Shulman and Banke, JJ., concur.
/144/gaapp/500 · .json · Public domain