Ponder v. Cox
Supreme Court of Georgia
In Equity, in Thomas Superior Court. Decision by Judge Alexander, at June Term, 1858. This was a bill filed by Cary S. Cox, against Ephraim G. Ponder, to enjoin the enforcement of a judgment at law, recovered by William G. Ponder, against complainant, and afterwards transferred to defendant.
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In Equity, in Thomas Superior Court. Decision by Judge Alexander, at June Term, 1858. This was a bill filed by Cary S. Cox, against Ephraim G. Ponder, to enjoin the enforcement of a judgment at law, recovered by William G. Ponder, against complainant, and afterwards transferred to defendant. The bill alleges, that in January, 1856, the complainant Cox, by his agent Thomas Dyson purchased of the defendant Ephraim G. Ponder, a negro man slave, a valuable blacksmith, named Price, or Giles Price, for the sum of eighteen hundred dollars: That the bill of sale was ¿nade to Dyson without noticing…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
[1] The complainant’s bill does not present a case which would justify a Court of Chancery to interpose in his behalf, by way of injunction. He has the warranty of title from the plaintiff in error, and there is nothing in the bill to show that his remedy at law on that is not adequate and ample. He claims however, that under the facts alleged by him, it is against conscience for the plaintiff in error to enforce the collection of the execution. That is not a sufficient ground of itself, for chancery to interfere with the proceedings in a Court…
2Cited by1 opinion
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