Legal Opinion

Simms v. Phillips

Supreme Court of Georgia

Decided January 15, 1874PublishedCited by 6 opinions

Trusts. Execution. Levy and sale. Before Judge Hopkins. Eulton county. At Chambers, January 6th, 1874. Jane E. Simms, the wife of Thomas G. Simms, and her minor children, Jane E. Simms, Emily C. Simms and Sallie T. Simms, by their next friend and uncle, Joel D. Simms, filed their bill for relief, account and injunction against Thomas G. Simms, William R. Phillips, Phillips & Flanders, and A. M. Perkerson, sheriff of said county, making, in brief, the following case: Warious…

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Trusts. Execution. Levy and sale. Before Judge Hopkins. Eulton county. At Chambers, January 6th, 1874. Jane E. Simms, the wife of Thomas G. Simms, and her minor children, Jane E. Simms, Emily C. Simms and Sallie T. Simms, by their next friend and uncle, Joel D. Simms, filed their bill for relief, account and injunction against Thomas G. Simms, William R. Phillips, Phillips & Flanders, and A. M. Perkerson, sheriff of said county, making, in brief, the following case: Warious sums of money and pieces of property were conveyed to Joel D. Simms in trust for Jane E. Simms and her children, by the…

1Opinion of the Court

Warner, Chief Justice.

This was a bill filed by the complainants against the defendants, praying for an injunction to restrain the sale of certain described property which had been levied on as the property of Mrs. Jane E. Simms, on the ground that it was trust ¡iroperty and not liable to be sold in satisfaction of her debts, for the reasons alleged in complainants’ bill. On hearing the application for the injunction prayed for, the presiding judge granted it, restraining the sale of the property levied on, to the prejudice of whatever rights the complainants, Emily E. Simms, Sarah F. Simms…

2Cited by6 opinions

  1. Tuells v. TorrasSupreme Court of Georgia · 1901
  2. Johnson v. Georgia Fertilizer & Oil Co.Court of Appeals of Georgia · 1918
  3. Torbit v. JonesSupreme Court of Georgia · 1916
  4. Clarke v. Mayor of MillenSupreme Court of Georgia · 1938
  5. Harden v. BellSupreme Court of Georgia · 1956

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