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Harris v. West Cent. Georgia Bank

The deed to secure debt was invalid because the debt never existed, as no money was ever exchanged between the appellant and the debtor, and the trial court thus properly dismissed the appellant's claim to set aside cancellation of the security deed.

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Following a bench trial, Andy Harris appeals from a trial court order dismissing his claim against West Central Georgia Bank WCGB to set aside cancellation of a security deed. Harris asserts that the trial court erred in concluding that the deed was invalid. We discern no error and affirm.

On an appeal from an entry of judgment following a bench trial, we apply a de novo standard of review to any questions of law decided by the trial court, but will defer to any factual findings made by that court if there is any evidence to sustain them. Nevertheless, if the trial court makes a finding of fact which is unsupported by the record, that finding cannot be upheld and any judgment based upon such a finding must be reversed.

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