U. S. Bank Trust National Association As Delaware Trustee Et Al.v.Chieftain Atlanta, L. P.
U. S. Bank sought summary judgment declaring that it retained an interest in property after a recorded cancellation of its security deed. The Court of Appeals of Georgia held that the cancellation was a forgery and that the undisputed evidence showed U. S. Bank retained its interest while Chieftain acquired its later interest with knowledge of the bank’s claim. The court rejected the trial court’s conclusion that disputed facts precluded summary judgment. It reversed the denial of U. S. Bank’s motion for summary judgment on the declaratory-judgment claim and remanded for further proceedings. One judge concurred fully in one division but only in the judgment in another.
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