Isam v. Hooks
Supreme Court of Georgia
Injunction. Fraud. Levy. Tried before Judge Clark, Sumter county. At Chambers. July 17th, 1872. William Hooks filed his bill, setting up, substantially, the following facts: About January 29th, 1870, Alexander M. Little begged complainant to assist him in satisfying certain of his creditors who were resisting his application to withdraw his petition to be discharged as a bankrupt, which he had filed in the United States District Court for the Southern District of Georgia.
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Injunction. Fraud. Levy. Tried before Judge Clark, Sumter county. At Chambers. July 17th, 1872. William Hooks filed his bill, setting up, substantially, the following facts: About January 29th, 1870, Alexander M. Little begged complainant to assist him in satisfying certain of his creditors who were resisting his application to withdraw his petition to be discharged as a bankrupt, which he had filed in the United States District Court for the Southern District of Georgia. He represented that he owned eight hundred acres of land in Sumter county, also other lands in said county, and in other…
1Opinion of the Court
McCay, Judge.
We do not think there was any abuse of the discretion granted by law to Judge Clark. It was his duty to look into the whole case, and if, in his judgment, justice required the parties to be kept in statu quo until the hearing, to grant the injunction. As to all these parties, except Mayo, there are suspicious circumstances that justify further and clearer inquiry; and as the Judge has thought it wise to stop them, we think it is our duty not to interfere.
In this State there is never any actual taking possession of land in a levy. The entry on the fi.fa. by the levying officer is…
2Cited by8 opinions
- In re BrinnDistrict Court, N.D. Georgia · 1919
- Tharp v. VESTA HOLDINGS I, LLCCourt of Appeals of Georgia · 2005
- Shoonover v. Osborne Bros.Supreme Court of Iowa · 1900
- Huff v. HARPAGON CO., LLCSupreme Court of Georgia · 2010
- Powers v. CDSaxton Properties, LLCSupreme Court of Georgia · 2009
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