Conyers v. Bowen
Supreme Court of Georgia
In Equity, in Coweta Superior Court. Decision by Judge Hammond, at the March Term, i860. Francis D. Bowen filed his bill in equity, in the Superior Court of Coweta county, in which he alleged the following facts, to wit: In the year 1846, or 1847, John Bowen purchased the life-estate of Patsy McCoy, in a negro man by the name of Patrick, a negro woman, by the name of Jenny, a negro boy, by the name of Willis, and a tract of land in the county of Campbell, known as the McCoy…
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In Equity, in Coweta Superior Court. Decision by Judge Hammond, at the March Term, i860. Francis D. Bowen filed his bill in equity, in the Superior Court of Coweta county, in which he alleged the following facts, to wit: In the year 1846, or 1847, John Bowen purchased the life-estate of Patsy McCoy, in a negro man by the name of Patrick, a negro woman, by the name of Jenny, a negro boy, by the name of Willis, and a tract of land in the county of Campbell, known as the McCoy place, for which life-estate the said John Bowen agreed to pay to the said Patsy McCoy five hundred and fifty dollars,…
1Opinion of the Court
By the Court. —
Lumpkin, J.,
delivering the opinion.
We think the Court was right in overruling the demurrer to the bill in this case. In addition to the discovery which is sought, the common law remedy, by process of garnishment, is not so complete. Indeed it is not an adequate remedy.
In the case of Field et al. vs. Jones and another, 10 Geo. Rep. 229, the person in possession of the effects held them directly under the debtor. Here, Conyers and the other defendants do not claim under Bowen, the debtor, but under Mrs. Patsy McCoy. They might, in truth, say in response to a summons of…
2Cited by3 opinions
- Davis v. LoganSupreme Court of Georgia · 1950
- Howell v. . MeheganSupreme Court of North Carolina · 1917
- DeLaperriere v. WilliamsSupreme Court of Georgia · 1929