Thomason v. Thompson
Supreme Court of Georgia
Equitable petition. Before Judge Holden. Greene superior court. May 11, 1907. B. H. Thomason, as transferee from the executors of P. B. Thomason, of a common-law fi. fa., issued upon a judgment in favor of these executors, against H. E. Thompson, rendered at the September term, 1880, of Greene superior court, brought his equitable petition in that court against Swann, sheriff, successor of English, former sheriff, and Noel P. Park, as administrator of Hi E. Thompson,…
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Equitable petition. Before Judge Holden. Greene superior court. May 11, 1907. B. H. Thomason, as transferee from the executors of P. B. Thomason, of a common-law fi. fa., issued upon a judgment in favor of these executors, against H. E. Thompson, rendered at the September term, 1880, of Greene superior court, brought his equitable petition in that court against Swann, sheriff, successor of English, former sheriff, and Noel P. Park, as administrator of Hi E. Thompson, residents of Greene county, and Henry C. Thompson, and his wife, residents of Pulton county, alleging substantially as follows:…
1Opinion of the CourtEvans, P. J.
1. The first ground of the demurrer disputes the jurisdiction of the court, and in discussing its merits we will consider the petition as if all the amendments had been allowed. Many allegations of the proffered amendments referred to subject-matters which bear no relation to the main relief prayed by the plaintiff. The ultimate purpose of the plaintiff is to subject the land in controversy to the lien of his judgment against H. E. Thompson. The first step to enforce the lien of this judgment was to cause the execution issued thereon to be levied on the land, to which levy Mrs. II. C.…
2Cases cited15 opinions
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