Gibbons v. International Harvester Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Wright. Eloyd superior court. March 4, 1916. W. S. Gibbons, W. S. Gibbons'Jr., Robert, Charles, and Fannie Lou Gibbons filed their petition against the International Harvester Company-of America and Barron, sheriff, to restrain them from enforcing a fi. fa. which had been levied upon an undivided one-fourth interest in remainder, after the life-estate of W. S. Gibbons, in certain described land as the property of W. S. Gibbons Jr., the…
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Petition for injunction. Before Judge Wright. Eloyd superior court. March 4, 1916. W. S. Gibbons, W. S. Gibbons'Jr., Robert, Charles, and Fannie Lou Gibbons filed their petition against the International Harvester Company-of America and Barron, sheriff, to restrain them from enforcing a fi. fa. which had been levied upon an undivided one-fourth interest in remainder, after the life-estate of W. S. Gibbons, in certain described land as the property of W. S. Gibbons Jr., the defendant in fi. fa. The first named is the father of the other four plaintiffs. The land so described was conveyed by…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) The court properly refused the injunctive relief prayed. Injunction is sought upon the sole ground that W. S. Gibbons Jr. had no leviable interest in the property. His interest in the property levied upon is derived from the following item in the will of Samuel Gibbons, who died in 1870: “It is my will and my desire that my executors hereinafter named, as soon as the same can be done without sacrificing the same, sell all other lands owned by me, wherever situated, and of the proceeds therefrom vest the sum of ten thousand dollars in a valuable tract of…
2Cases cited3 opinions
- Crawley v. KendrickSupreme Court of Georgia · 1905
- Milner v. GaySupreme Court of Georgia · 1916
- Wilkinson & Wilson v. ChewSupreme Court of Georgia · 1875
3Cited by14 opinions
- Harris v. McDonaldSupreme Court of Georgia · 1921
- Powell v. McKinneySupreme Court of Georgia · 1921
- Britt v. FincherSupreme Court of Georgia · 1947
- Toucher v. HawkinsSupreme Court of Georgia · 1924
- Lumpkin v. PattersonSupreme Court of Georgia · 1930
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