McLendon v. Hooks
Supreme Court of Georgia
In Equity, in Dougherty Superior Court. Decision by Judge Perkins, May Term, 1854. Josiah McLendon, as the administrator of Hillory Hooks, filed his bill against Simon Hooks, alleging that his intestate and defendant owned, jointly, a lot of land.
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In Equity, in Dougherty Superior Court. Decision by Judge Perkins, May Term, 1854. Josiah McLendon, as the administrator of Hillory Hooks, filed his bill against Simon Hooks, alleging that his intestate and defendant owned, jointly, a lot of land. That Simon had exclusive possession of the lot of land, since 1845 ; and that he was indebted, for the use and occupation of the same, to the complainant, the sum of $600. That Simon had obtained judgment, at Law, against complainant, as administrator, for $250, with interest and costs, and was proceeding to collect the same, by levy and sale, of…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
[1.] Had the complainant charged, distinctly, the insolvency of Simon Hooks, the injunction to restrain the judgment, at Law, should have been retained. But we hold that the allegations in the bill are too vague, especially when it appears from the face of the bill itself, that in addition to the debt which is sought to be enjoined, that he is the owner of one-half of the lot of land on which he lives, the rent of which is charged to be worth fifty dollars per annum.
As to the threat, that he will become insolvent, or the ap-. *535prehension…
2Cited by6 opinions
- Nance v. DanielSupreme Court of Georgia · 1936
- Allen v. AllenSupreme Court of Georgia · 1943
- McKenzie v. ThomasSupreme Court of Georgia · 1903
- Bailey v. B. F. Coggins Granite & Marble Industries Inc.Supreme Court of Georgia · 1941
- Allen v. AllenSupreme Court of Georgia · 1943
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