Price v. Cutts
Supreme Court of Georgia
Motion to dissolve injunction, and to distribute money, in Sumter Superior Court. Decided by Judge Allen, April Term, 1859. These were two motions heard and decided together by the Court below; one amotion to dissolve an injunction which had been granted at the instance of John V. Price, on a bill filed by him against William M. Brown, Gilbert C. Carmichael, George A. Brown, Henry H. Brown and Allen S. Cutts, Sheriff, and others; the other a motion to distribute money in the…
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Motion to dissolve injunction, and to distribute money, in Sumter Superior Court. Decided by Judge Allen, April Term, 1859. These were two motions heard and decided together by the Court below; one amotion to dissolve an injunction which had been granted at the instance of John V. Price, on a bill filed by him against William M. Brown, Gilbert C. Carmichael, George A. Brown, Henry H. Brown and Allen S. Cutts, Sheriff, and others; the other a motion to distribute money in the hands of the Sheriff, arising from the sale of certain property belonging to said George A. Brown. Price alleged in his…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
1st. The case made by the original bill, so far as the defendant, William M. Brown, is concerned, is confessedly stripped of all its equity by the answer of Brown.„ It was so conceded in the argument, and the complainant relied only-on his amended bill, setting up a mortgage which he alleges Avas, by agreement between him and George A. Brown, to have been executed by the said George A. at the time when the complainant’s demand was contracted, but which /ailed of execution through some “ inadvertence.” There was a *148demurrer to this amended bill,…
2Cited by14 opinions
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- Greyling Realty Corp. v. LawsonSupreme Court of Georgia · 1934
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