In a decision recently released by the Court of Appeals of Georgia, the decision of the lower court in Caraway et al. v. Spillers, was reversed in favor of the homeowners.
At issue in the case was if the holder of a deed first recorded, who brought action to cancel the homeowners’ deed to the same property, should have been granted a summary judgment. The Court of Appeals of Georgia determined that the homeowners’ possession of the property served as adequate notice of their title to the property and that the lower court erred in their granting summary judgment against them.
The case was presented to the Court of Appeals of Georgia by Adam Nagel, attorney for Appellant on June 25, 2015. Adam is Managing Attorney of the Barnesville office of Pasley & Nuce, LLC.