Smith v. Phinizy
Supreme Court of Georgia
Judgments. Equity. Practice in Superior Court. Principal and Surety. Presumptions. Before Judge Hutchins. Clarke Superior Court.
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Judgments. Equity. Practice in Superior Court. Principal and Surety. Presumptions. Before Judge Hutchins. Clarke Superior Court. May Term, 1883. S. S. Smith and R. R. Saulter filed their bill against F. Phinizy and the sheriff of Jackson county, alleging, in brief, as follows: Milledge S. Durham desired to borrow $1,000.00 from Phinizy, and to secure him therefor, procured his two sons, M. L. and H. C. Durham, to make to Phinizy a note, dated January 29,1874, due one day after date; also to make to Phinizy a deed to certain land,.as security for the note, taking bond for a reconveyance on…
1Opinion of the Court
Jackson, Chief Justice.
1. Equity is loth to open a judgment at law and let in defences which could have been made in defence when the case was on trial at law, and before the judgment was rendered; and it will never do so, when the negligence of *643the defendant at law is the reason given, or apparent from the facts, why the defence was not made. 1 Kelly, 138 ; 2 Ib., 280; 4 Ga., 176 63 Ib., 627.
That principle rules this case. Phinizy’s deed of the land back to Durham was made the same year that Durham deeded it to him, and recorded. Durham, for whom the complainants were sureties, became…
2Cases cited1 opinion
- Napier v. Saulsbury, Respess & Co.Supreme Court of Georgia · 1879
3Cited by9 opinions
- Wagner v. LucasSupreme Court of Oklahoma · 1920
- West v. DownerSupreme Court of Georgia · 1962
- Beddingfield v. Old National Bank & Trust Co.Supreme Court of Georgia · 1932
- Lindsey v. GoodmanSupreme Court of Oklahoma · 1916
- Holderman v. JonesSupreme Court of Kansas · 1894
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