Harris v. Luxury Fruit Co.
Supreme Court of Georgia
Beeeivership, etc. Before Judge Mathews. Houston superior court. March 31, 1914. W. H. Harris and two others, as creditors, filed an insolvency action against the Luxury Fruit Company, a corporation, praying for the appointment of a receiver and the administration of the corporate assets. A temporary receiver was appointed.
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Beeeivership, etc. Before Judge Mathews. Houston superior court. March 31, 1914. W. H. Harris and two others, as creditors, filed an insolvency action against the Luxury Fruit Company, a corporation, praying for the appointment of a receiver and the administration of the corporate assets. A temporary receiver was appointed. The corporation filed a cross-bill, averring that the title to certain lands and possession thereof had been fraudulently obtained from it by Harris, aided by W. E. Brown, whom it was asked to be made a party. It was prayed that the alleged fraudulent deed be canceled, and…
1Opinion of the CourtAtkinson, J.
1. It appears from the record that Brown claims
title to the land in controversy adversely to the Luxury Fruit Company, under a sale made by virtue of a power of sale in a mortgage given by it; that Harris was in 'actual possession, but claimed to hold under Brown. Thus, both title and possession were in issue. By the cross-bill the Luxury Fruit Company attacked, as fraudulent, a certain sale and deed purporting to bring about a transfer of title from that corporation to Brown. It alleged that Harris had previously obtained possession as its lessee. It prayed that a receiver be appointed to…
2Cases cited3 opinions
- Eyster v. GaffSupreme Court of the United States · 1876
- Merry v. JonesSupreme Court of Georgia · 1904
- Neill v. BarbareeSupreme Court of Georgia · 1911
3Cited by3 opinions
- Strickland v. DarseySupreme Court of Georgia · 1923
- Cooper v. Dannenberg Co.Court of Appeals of Georgia · 1916
- Luxury Fruit Co. v. HarrisSupreme Court of Georgia · 1914