Clark v. Cleghorn
Supreme Court of Georgia
In Equity, in Muscogee Superior Court; demurrer and motion to dissolve injunction. Decided by Judge Alexander. Charles Cleghorn filed his bill on the Equity side of the Superior Court of Muscogee County, charging that about the 12th of May, 1846, he bought from Jehu Clark, now of the State of Tennessee, a certain parcel or lot of land in the City of Columbus, commencing at the corner of Warren and Franklin streets, running along Franklin street forty-two feet, thence due…
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In Equity, in Muscogee Superior Court; demurrer and motion to dissolve injunction. Decided by Judge Alexander. Charles Cleghorn filed his bill on the Equity side of the Superior Court of Muscogee County, charging that about the 12th of May, 1846, he bought from Jehu Clark, now of the State of Tennessee, a certain parcel or lot of land in the City of Columbus, commencing at the corner of Warren and Franklin streets, running along Franklin street forty-two feet, thence due south ninety feet, thence due west to Warren street, and thence to the beginning corner, for the sum of $3000, and received…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
Two grounds of error are assigned upon the record in this case, to the judgment of the Court below.
First, because the Court overruled the demurrer to the complainant’s bill.
Second, because the Court refused to dissolve the injunction on the 'coming in of the answers of Morris and Clark.
[1.] With regard to the first ground of error, we are of the opinion the demurrer was properly overruled. The plaintiff in error insists that Cleghorn’s remedy on the covenants of his deed affords him ample protection, and that a Court of Equity will not *226Interfere…
2Cited by3 opinions
- Morgan v. Baxter & Co.Supreme Court of Georgia · 1901
- Kennedy v. SmithCourt of Appeals of Georgia · 1914
- Newton v. CantySupreme Court of Colorado · 1949