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Popham v. Yancey

In the absence of a transcript, the evidence presumably supported the trial court's appointment of a receiver to sell the appellant's real property in Cobb county to satisfy the appellee's judgment.

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Kyle Yancey petitioned the Superior Court of Cobb County for the appointment of a receiver to sell certain real property owned by appellant Peter Norwood Popham in order to satisfy a judgment Yancey had obtained against Popham. The trial court granted the requested relief and Popham appeals.1 While there is no transcript of the proceedings below, it appears from the petition and answer that Yancey brought a tort action against Popham and obtained a judgment in the amount of $34,707. When Popham refused to pay any portion of the judgment, Yancey filed a petition for receivership in which he alleged that Popham’s only significant asset is a residence located in Cobb County, Georgia valued at $150,000; that Popham borrowed $136,000 against the property and executed a security deed to First Horizon Loan Corporation; and that the balance of the loan is approximately $100,000. Yancey further claimed that he is unable to levy on Popham’s property because he is unable to pay off the loan to First Horizon. Yancey sought the appointment of a receiver to sell the property and to pay First Horizon, the first priority secured lender, as well as the judgment in Yancey’s favor.

Acting pro se, Popham filed an answer and counterclaim for abusive litigation, claiming that the judgment was obtained by fraud and is void. After a hearing, the trial court entered an order appointing a receiver to sell the real property. Popham appeals.

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