Authur v. Bank of Ball Ground
Supreme Court of Georgia
Injunction. Before Judge Patterson. Cherokee superior court. September 29, 1916. The Bank of Ball Ground brought a petition against W. F. and J. F. Authur, alleging substantially the following facts: The defendants are indebted to petitioner in the sum of $3500, evidenced hy five promissory notes. One of the notes is for the sum of $1000, signed by Jim Authur.
Read the full summary
Injunction. Before Judge Patterson. Cherokee superior court. September 29, 1916. The Bank of Ball Ground brought a petition against W. F. and J. F. Authur, alleging substantially the following facts: The defendants are indebted to petitioner in the sum of $3500, evidenced hy five promissory notes. One of the notes is for the sum of $1000, signed by Jim Authur. Both defendants agreed to pay that note, and, in consideration of the bank extending a loan for the additional sum of $2500, further agreed to secure the whole indebtedness by transferring to the bank a bond for title executed by W.- B.…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The plaintiff is a creditor without lien, and seeks to enjoin its debtors from' disposing of their property. The general rule is that a creditor without lien can not enjoin his debtor from the free disposal of his property. Civil Code (1910), § 5495. Equity recognizes certain exceptions to the general rule, growing out of the special circumstances of the case; and the plaintiff seeks to bring its case within the operation of some such exception. According to the verified petition, the defendants owned a tract of land encumbered with a security deed, and in…
2Cases cited2 opinions
- Johnson & Smith v. FarnumSupreme Court of Georgia · 1876
- Dortic v. DugasSupreme Court of Georgia · 1874
3Cited by6 opinions
- State v. CookeSupreme Court of North Carolina · 1958
- Darnell v. WilliamsSupreme Court of Georgia · 1930
- Ayers v. ClaridySupreme Court of Georgia · 1919
- Payton v. JohnsonSupreme Court of Georgia · 1972
- Mar-Pak Michigan, Inc. v. PointerSupreme Court of Georgia · 1969
1 more not listed; retrieve them via the Exa API.