Legal Opinion

Miller v. Maddox

Supreme Court of Georgia

Decided January 15, 1857No. 68PublishedCited by 2 opinions

In Equity, from Crawford Superior Court. Decision by Judge Powers. September Term,- 1856. Motion to, dissolve injunction upon bill and answer.

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In Equity, from Crawford Superior Court. Decision by Judge Powers. September Term,- 1856. Motion to, dissolve injunction upon bill and answer. This bill was filed by J ames A. Miller, complainant, against Samuel Maddox, A. B. Dulin, and the Sheriff of Crawford county; and sets forth that sometime - in the year 1848, said Dulin negotiated a purchase of a large body of land, on Flint river, (the lots and Nos. are particularly set out in the bill,) from said Maddox for the sum of $4,000 ; paid $1,000 in cash, and gave his notes for the balance in three equal installments; and Maddox executed to…

1Opinion of the Court

By the Court.

McDonald, J.

delivering the opinion.

This is a most extraordinary bill, and we have looked through it carefully, but in vain, to find the slightest equity against the defendant Maddox. If the answer of Maddox, then, discloses no facts which entitle the complainant to a continuance of the injunction, it ought to have been dissolved. The complainant does not allege that Maddox was guilty of fraud in the sale of the land to Dulin. Dulin does not complain. Complainant no where alleges that Dulin defrauded him in the sale of the land, or that he bought the fraction described in the bond…

2Cited by2 opinions

  1. Kelley & McWilliams v. Terhune, Nixon & Co.Supreme Court of Georgia · 1901
  2. Smith v. MaplesCourt of Appeals of Georgia · 1966

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