McKinney v. Daniels
Supreme Court of Georgia
Equitable petition. Before Judge Felton. Bibb superior court. February 12, 1909. Rosa Daniels filed her petition against A. T. McKinney and Hill Montague, wherein she alleged, that she purchased certain real estate in Bibb county, Georgia, from Ida McKinney Long, and paid a portion of the' purchase-price, leaving due and unpaid $1100, represented by three certain notes signed by Rosa Daniels and payable to Ida M. Long or order; that Ida McKinney Long died in Richmond, Ya.,…
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Equitable petition. Before Judge Felton. Bibb superior court. February 12, 1909. Rosa Daniels filed her petition against A. T. McKinney and Hill Montague, wherein she alleged, that she purchased certain real estate in Bibb county, Georgia, from Ida McKinney Long, and paid a portion of the' purchase-price, leaving due and unpaid $1100, represented by three certain notes signed by Rosa Daniels and payable to Ida M. Long or order; that Ida McKinney Long died in Richmond, Ya., where she then lived, and had in her possession-at tile time of her death the three notes above referred to; that she…
1Opinion of the Court
Beck, J".
(After stating the foregoing facts.) Inasmuch as the petitioner in this case seeks affirmative equitable relief, the petition might be open to criticism if she were relying upon the petition in the case purely as a bill of interpleader. But we are of the opinion that the petition contains all of the allegations essential to a bill in the nature of a bill of interpleader and to the maintenance of the petition. “ A bill in the nature of a bill of inter-pleader is one in which the complainant seeks some relief of an equitable nature concerning the fund or other subject-matter in…
2Cited by4 opinions
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- Ben Hill County v. Massachusetts Bonding & InsuranceSupreme Court of Georgia · 1915
- Jones v. NisbetSupreme Court of Georgia · 1928
- Millsap v. Waco Mercantile Co.Supreme Court of Georgia · 1916