Hart v. Respess
Supreme Court of Georgia
Injunction and receiver. Mortgage. Practice. Before Judge Miller. Schley county. At chambers, July 17, 1891. The petition of J. R. Respess and Mattie Hart • as administrators of Isaac Hart, against A. T. Hart, alleged as follows: Into the hands of petitioners as administrators came a mortgage given by A. P. Wiggins and J. S. Albums to D. P. Hart or bearer, dated September 24,1879, upon the we’st half of land lot 173, the south half of lot 174 and the whole of lots 176, 178,…
Read the full summary
Injunction and receiver. Mortgage. Practice. Before Judge Miller. Schley county. At chambers, July 17, 1891. The petition of J. R. Respess and Mattie Hart • as administrators of Isaac Hart, against A. T. Hart, alleged as follows: Into the hands of petitioners as administrators came a mortgage given by A. P. Wiggins and J. S. Albums to D. P. Hart or bearer, dated September 24,1879, upon the we’st half of land lot 173, the south half of lot 174 and the whole of lots 176, 178, 179 and 206, the whole containing 1,012 1-2 acres more or less, in the 30th district of Schley county. The right and…
1Opinion of the Court
*87 Judgment affirmed, with directions.
There was a demurrer on the grounds that there is no equity in the petition ; that it shows that litigation is already pending regarding the subject-matter; that the allegations are too vague and uncertain for a legal judgment; that it is directed alone against A. T. Hart, but charges such fraud and collusion and such interest in the lands as would necessarily make Mary E. Hart a party; and that petitioners have a clear common law remedy. There was also a plea setting up. the pendency of the claims of A. T. Hart. A. T. Hart answered: He was no party to the…
2Cited by15 opinions
- Price v. High & Co.Supreme Court of Georgia · 1899
- Dawson v. Equitable Mortgage Co.Supreme Court of Georgia · 1899
- Merchants' & Mechanics' Bank v. SewellCourt of Appeals for the Fifth Circuit · 1932
- Boston Insurance Co. v. HarmonCourt of Appeals of Georgia · 1941
- Ingram v. ClarkeSupreme Court of Georgia · 1895
10 more not listed; retrieve them via the Exa API.