Calhoun v. Tullass
Supreme Court of Georgia
In Equity. In Catoosa Superior Court. Demurrer.. Decided by Judge Milner. November Term, 1866. This was a hill filed by Tullass and others, vendees of a certain settlement of land situate in Catoosa county, against Nichols, of the State of Florida, their vendor ; Calhoun, of the county of Fulton, a judgment creditor of Nichols ; Paris, of the county of Dade, another judgment creditor of Nichols; and X. G., T. G. and C. D. McFarland, of the county of Walker, mortgagees of the…
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In Equity. In Catoosa Superior Court. Demurrer.. Decided by Judge Milner. November Term, 1866. This was a hill filed by Tullass and others, vendees of a certain settlement of land situate in Catoosa county, against Nichols, of the State of Florida, their vendor ; Calhoun, of the county of Fulton, a judgment creditor of Nichols ; Paris, of the county of Dade, another judgment creditor of Nichols; and X. G., T. G. and C. D. McFarland, of the county of Walker, mortgagees of the same land, under said Nichols. The case made by the bill was, in substance, as follows: On the tenth day of July, 1863,…
1Opinion of the CourtWalker, J.
[1.] Complainants contracted to take up tlie liens which were upon the land of Nichols, provided said liens should not exceed $35,000 ; and, in consideration of such obligation, received a warranty deed to a valuable settlement of land. In compliance with their contract, they paid some $18,000, or perhaps $19,000, leaving some $9,000 still, to which said land is subject. They now ask a Court of Equity to enjoin the persons holding these outstanding liens from proceeding to enforce them. In other words, complainants take a deed to the land, pay nothing to the owner, but obligate themselves to…
2Cases cited1 opinion
- Fain v. GarthrightSupreme Court of Georgia · 1848
3Cited by5 opinions
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- Netzow Manufacturing Co. v. Southern Railway Co.Court of Appeals of Georgia · 1909
- North British & Mercantile Insurance v. SpeerCourt of Appeals of Georgia · 1910