Legal Opinion

McGarity v. Simpson

Supreme Court of Georgia

Decided May 17, 1918No. 670PublishedCited by 3 opinions

Eeceivership, etc. Before Judge Bartlett. Polk superior court. August 38, 1917.

1Opinion of the CourtAtkinson, J.

1. Where two persons residing in different counties, claiming equities in separate parcels of land which they severally have conveyed to others as security for individual debts, enter into an executory contract for the exchange of such lands, each person to pay off his individual debt, and a junior judgment creditor of one of them institutes an equitable action against both, to cancel the executory contract as a cloud upon title, and for the appointment of a receiver for the property of the defendant in fi. fa., and other relief, such suit involves substantial equitable relief against both…

2Cases cited1 opinion

  1. Board of Education v. DaySupreme Court of Georgia · 1907

3Cited by3 opinions

  1. Glezos v. GlezosIllinois Supreme Court · 1931
  2. United States Fidelity & Guaranty Co. v. Richmond CountySupreme Court of Georgia · 1932
  3. Baxter v. GormleySupreme Court of Georgia · 1936

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