Stewart v. McDonald
Supreme Court of Georgia
Equitable petition and intervention. Before Judge Smith. DeKalb superior court. July 26, 1916. C. H. McDonald and J. M. Abrams filed a petition alleging substantially as follows: In tbe case of W. P. Evans v. C. S. Thompson, the superior court in 1915 appointed a receiver of the property of W. P. Evans, consisting of certain houses and lots in the city of Lithonia. W. P. Evans is wholly insolvent and has no property other than that in the hands of the.receiver.
Read the full summary
Equitable petition and intervention. Before Judge Smith. DeKalb superior court. July 26, 1916. C. H. McDonald and J. M. Abrams filed a petition alleging substantially as follows: In tbe case of W. P. Evans v. C. S. Thompson, the superior court in 1915 appointed a receiver of the property of W. P. Evans, consisting of certain houses and lots in the city of Lithonia. W. P. Evans is wholly insolvent and has no property other than that in the hands of the.receiver. Plaintiffs are informed and believe that the court will in the near-future discharge the receiver, and that the properly will be…
1Opinion of the CourtHill, J.
1. This was a contest between creditors over the application of funds in the hands of a receiver, in which the contestants for the fund asserted priorities. No question is made as to the sufficiency of any of the pleadings, but the case was submitted to the judge upon the pleadings taken to be true, without other evidence. The court awarded the funds as set forth in the statement of facts (infra). One of the contestants was a transferee of certain tax executions issued against the owner of the real estate for taxes thereon. The taxes-were due for a period immediately preceding the…
2Cases cited2 opinions
- Ferris v. Van Ingen & Co.Supreme Court of Georgia · 1899
- Lovett v. MooreSupreme Court of Georgia · 1896
3Cited by1 opinion
- Belser v. PuckettSupreme Court of Georgia · 1934