Solomon v. Peters
Supreme Court of Georgia
Motion to dissolve injunction. Decided by Judge Collier. Fulton County. Chambers, September, 1867. Peters’ bill contained this statement of facts: On the 3d day of April, 1862, Martin J. Hinton, bought of Edgefield Brown, (at that time living in Atlanta, but since residing Peters' knew not where,) a city lot in Atlanta, No. 38, containing one acre, more or less, and paid $1,500.00 to Brown, and took his fee simple deed for it.
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Motion to dissolve injunction. Decided by Judge Collier. Fulton County. Chambers, September, 1867. Peters’ bill contained this statement of facts: On the 3d day of April, 1862, Martin J. Hinton, bought of Edgefield Brown, (at that time living in Atlanta, but since residing Peters' knew not where,) a city lot in Atlanta, No. 38, containing one acre, more or less, and paid $1,500.00 to Brown, and took his fee simple deed for it. On the 26th day of October, 1868, Peters bought a part o^ this lot from Hinton and paid him for it $1,150.00. Before these transactions, to-wit, on the 23d of April,…
1Opinion of the CourtWalker, J.
1. The Court very properly declined to hear in vacation the motion to dismiss the bill. Such a motion involved a decision of the merits of the bill, in other words a trial of the merits of the case as made by complainant, and should be heard only at term time; or in vacation by virture of an order passed in term time, authorizing the hearing in vacation.
2. The alleged equity of the bill as amended consists in the charge of a failure by the sheriff to give the notice of the levy as required by sec. 3596 Rev. Code. There is no charge that Solomon, the purchaser, had any notice of such failure,…
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