Smith & Co. v. Woolard
Supreme Court of Georgia
Equitable petition. Before Judge Cox. Worth superior court. June 3,1916.. Henry D. Woolard originally owned a lot of land in Worth county, upon which he executed a mortgage and a security deed to the First National Bank of Moultrie. Afterward he obtained a loan from Harriet B. Corcoran of Massachusetts. Later he conveyed the land to E. L. Bryan, subject to the obligations just mentioned.
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Equitable petition. Before Judge Cox. Worth superior court. June 3,1916.. Henry D. Woolard originally owned a lot of land in Worth county, upon which he executed a mortgage and a security deed to the First National Bank of Moultrie. Afterward he obtained a loan from Harriet B. Corcoran of Massachusetts. Later he conveyed the land to E. L. Bryan, subject to the obligations just mentioned. Bryan sold a portion of the land to Mrs. Sarah E. Woolard.- Before the filing of the suit the First National Bank of Moultrie transferred its mortgage and security deed, through the Citizens Bank, to Howard…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.) The petition is afflicted with several infirmities. But ‘it is only necessary to deal with one, since this requires a reversal of the judgment rendered below. One ground of the -demurrer attacked the vitals of the proceeding, by denying jurisdiction of the court as to Howard M. Smith & Company. It must be observed that Mrs. Corcoran and Bryan were non-residents; that there is no prayer for relief *60ggainst Henry D. Woolard; that the only relief that can be construed as prayed against Grubbs is that the advertisement in the paper be restrained; and that…
2Cases cited4 opinions
- Central Bank v. GibsonSupreme Court of Georgia · 1852
- Seibels v. HodgesSupreme Court of Georgia · 1880
- Toland v. CampSupreme Court of Georgia · 1912
- Fortson v. MattoxSupreme Court of Georgia · 1881
3Cited by5 opinions
- Huckabee Auto Co. v. NorrisSupreme Court of Georgia · 1940
- McConnon & Co. v. MartinCourt of Appeals of Georgia · 1925
- Builders Supply Co. v. HobbsSupreme Court of Georgia · 1930
- Georgia Creosoting Co. v. MoodyCourt of Appeals of Georgia · 1930
- Ponsell v. BaxterSupreme Court of Georgia · 1920