Abercrombie v. Sims
Supreme Court of Georgia
Injunction. Before Judge Pendleton. Fulton superior court. December 18, 1919. W. C. Abercrombie and Nesbit Harper sold to W. A. Sims a certain tract of land in Douglas County, containing 340 acres, more or less, and executed to Sims their bond for titles. Sims gave Abercrombie and Harper his promissory notes aggregating $4,700 for the balance of the purchase-money, each note due on a certain date, annually thereafter.
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Injunction. Before Judge Pendleton. Fulton superior court. December 18, 1919. W. C. Abercrombie and Nesbit Harper sold to W. A. Sims a certain tract of land in Douglas County, containing 340 acres, more or less, and executed to Sims their bond for titles. Sims gave Abercrombie and Harper his promissory notes aggregating $4,700 for the balance of the purchase-money, each note due on a certain date, annually thereafter. The notes contained the stipulation that time was of the essence of the contract, and that if any one of the notes should fall due and remain unpaid for a period of ninety days…
1Opinion of the CourtHill, J.
1. Under the allegations of the petition the plaintiffs are without a complete and adequate remedy at law, and the case as made is one cognizable in a court of equity, where complete equitable relief can be administered. Compare the cases of Ford v. Finney, 35 Ga. 258, and Morgan v. Argard, 148 Ga. 123 (95 S. E. 986).
2. Where, as in the hill of exceptions in this case, one of the assignments of error is that the judge erred in granting an interlocutory injunction, and the evidence on which the injunction was largely, if not entirely, based was documentary, being copies of lengthy affidavits…
2Cases cited3 opinions
- Morgan v. ArgardSupreme Court of Georgia · 1918
- Ford v. FinneySupreme Court of Georgia · 1866
- Baker v. NixSupreme Court of Georgia · 1920
3Cited by1 opinion
- Hatcher v. BirchSupreme Court of Georgia · 1924