Pinkerton v. Tumlin
Supreme Court of Georgia
In Equity, from Cass Superior Court. Decision by Judge Trippe, July 1856. Bill for injunction, filed by John Pinkerton, against E. A. Brown, William Tumlin, and Christopher Dodd, defendants. Complainant alleges that for a number of years he has been the owner and in possession of two lots of land in the county of Cass, to-wit: Nos. 699 and 700, each containing forty acres of the value of not more than two hundred dollars.
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In Equity, from Cass Superior Court. Decision by Judge Trippe, July 1856. Bill for injunction, filed by John Pinkerton, against E. A. Brown, William Tumlin, and Christopher Dodd, defendants. Complainant alleges that for a number of years he has been the owner and in possession of two lots of land in the county of Cass, to-wit: Nos. 699 and 700, each containing forty acres of the value of not more than two hundred dollars. That the Sheriff of Cass county, under and by virtue of a fi.fa. issued against complainant at the suit of Enoch B. Pressley, levied on said land and advertised the same to…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Ought the Court below to have dissolved this injunction ?
Not if the plaintiff was entitled to have the Sheriff’s sale set aside, and the Sheriff’s deed delivered up to be cancelled. Was the plaintiff entitled to this relief?
We think so, taking the hill to be true; and we have to take the bill to be true, as most of its important allegations are, either not denied at all by the answer, or are denied only on hearsay and belief.
Taking the bill to be true, the plaintiff had six children under fifteen years of age; and he owned eighty acres of land;…
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