Booth v. Rosier
Supreme Court of Georgia
Injunction. Before Judge Hammond. Richmond superior court. July 20, 1905. J. M. Rosier filed bis equitable petition against Mrs. Editli B. Booth and F. W. Capers, her attorney, praying that the defendants be restrained and enjoined from advertising the land of petitioner for sale under a power contained in a security deed held by Mrs. Booth as transferee, and alleging, in substance, as follows: On November 17, 1900, one Pearson conveyed the land now sought to be sold, to…
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Injunction. Before Judge Hammond. Richmond superior court. July 20, 1905. J. M. Rosier filed bis equitable petition against Mrs. Editli B. Booth and F. W. Capers, her attorney, praying that the defendants be restrained and enjoined from advertising the land of petitioner for sale under a power contained in a security deed held by Mrs. Booth as transferee, and alleging, in substance, as follows: On November 17, 1900, one Pearson conveyed the land now sought to be sold, to John D. Sheahan to secure a debt of five hundred dollars. Sheahan transferred the deed to Mrs. Booth. Pearson sold his…
1Opinion of the CourtBece, J.
(After stating the facts.) It will be observed in this ease that there is no contractual obligation on the part of Rosier to pay attorney’s fees, nor was he a defendant who had as such filed a plea which he afterwards failed to sustain. Plaintiff in error must rely upon the stipulation in the deed and note for the right to proceed for attorney’s fees. But that stipulation was void- — -not merely voidable, unless the defendant in error or Pearson had done some act to give vitality and force to that stipulation, ,and the only act that they could have done to give force and effect to the…
2Cases cited4 opinions
- Demere v. Germania BankSupreme Court of Georgia · 1902
- Hall v. PrattSupreme Court of Georgia · 1898
- Stoner v. PickettSupreme Court of Georgia · 1902
- Rosier v. NicholsSupreme Court of Georgia · 1905
3Cited by1 opinion
- Anderson v. HendrixCourt of Appeals of Georgia · 1985