Lanier v. Olliff
Supreme Court of Georgia
Petition for injunction. Before Judge Evans. Bulloch superior court. December 17, 1902. The petition alleged, in substance: In 1895 J. W. Olliff, the defendant, representing W. W. Olliff, to whom petitioner had given a mortgage on a tract of land owned by her, containing 248 acres, was threatening to foreclose the mortgage, which was for about $800, and, being unable to pay the amount due, she agreed to sell 100 acres of the land to G. R. Johnson for $500, if he would pay…
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Petition for injunction. Before Judge Evans. Bulloch superior court. December 17, 1902. The petition alleged, in substance: In 1895 J. W. Olliff, the defendant, representing W. W. Olliff, to whom petitioner had given a mortgage on a tract of land owned by her, containing 248 acres, was threatening to foreclose the mortgage, which was for about $800, and, being unable to pay the amount due, she agreed to sell 100 acres of the land to G. R. Johnson for $500, if he would pay $500 on the mortgage and induce the defendant to give her time on the remainder of the debt. Johnson agreed to do this,…
1Opinion of the CourtLamar, J.
Having sold 100 acres outright to Johnson, the plaintiff is not concerned as to what he did with that part of the land. Her bond for titles only calls for 148 acres, which she admits Johnson was authorized to convey to Olliff as security for $300. If, because of the twelve per cent, interest charged her by Johnson, and like interest charged Johnson by Olliff, the title to the 148 acres remains in the plaintiff, she needs no injunction to restrain the threatened sale. Not only is Olliff solvent, but, if the petition has been properly filed and docketed, the pendency of the present proceedings…
2Cases cited9 opinions
- Jones v. HarrellSupreme Court of Georgia · 1900
- McCrory v. Grandy & SonSupreme Court of Georgia · 1893
- Hill, Jones & Co. v. CooleySupreme Court of Georgia · 1900
- Pottle v. LoweSupreme Court of Georgia · 1896
- Thornton v. Lemon, McMillan & Co.Supreme Court of Georgia · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hughes v. FieldSupreme Court of Georgia · 1933
- Planters Bank v. WareCourt of Appeals of Georgia · 1921
- Stafford v. BirchSupreme Court of Georgia · 1939