Smith v. Hornesby
Supreme Court of Georgia
Equity. Bankrupt. Jurisdiction. Before Judge Buchanan. Campbell Superior Court. August Term, 1876. In December, 1874, Robert P. Smith filed his bill in the superior court of Campbell county, against Joseph Hornesby, of Campbell county; Ophelia M. Gorman and James M. Gorman, of Coweta county; S. C. Weems, of Spalding county; and W. J. Smith, of Henry county, making, in brief, the following case : On October 17th, 1858, Win.
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Equity. Bankrupt. Jurisdiction. Before Judge Buchanan. Campbell Superior Court. August Term, 1876. In December, 1874, Robert P. Smith filed his bill in the superior court of Campbell county, against Joseph Hornesby, of Campbell county; Ophelia M. Gorman and James M. Gorman, of Coweta county; S. C. Weems, of Spalding county; and W. J. Smith, of Henry county, making, in brief, the following case : On October 17th, 1858, Win. H. Smith, brother of complainant, bought of Joseph Hornesby, land, for $3,000.00, one-half cash, balance to become due on December 25th, 1860. Complainant took transfer of…
1Opinion of the Court
Bleckley, Judge.
When, at the time of the adjudication in bankruptcy, the bankrupt is the owner of a bond for titles to land, with the purchase money partially paid, his assignee, as a general rule, succeeds to his interest in the bond and in the land. If the assignee, while in office, convey, in writing, to the *534maker of the bond, “ all the interest, right and title ” which the bankrupt had in and to the land, the bankrupt cannot, afterwards, maintain a bill, in the state court, for specific performance of the contract to convey according to the bond, or for compensation in damages for a…
2Cited by4 opinions
- Georgia Railway & Power Co. v. Town of DecaturSupreme Court of Georgia · 1922
- Ingram v. Trustees of Mercer UniversitySupreme Court of Georgia · 1897
- Smith v. HornsbySupreme Court of Georgia · 1883
- Wilson v. HolubSupreme Court of Iowa · 1926