Mitchell v. Toole
Supreme Court of Georgia
Judgment. Claim. Principal and security. Levy and sale. Executions. Before Judge Crisp. Sumter County. At Chambers. February 24, 1879. Mitchell filed his bill against Toole to enjoin the sale of certain property under an execution against one Shealy, as guardian, and complainant as security on the claim bond. The bill was lengthy and embraced numerous matters entirely immaterial to the decision rendered.
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Judgment. Claim. Principal and security. Levy and sale. Executions. Before Judge Crisp. Sumter County. At Chambers. February 24, 1879. Mitchell filed his bill against Toole to enjoin the sale of certain property under an execution against one Shealy, as guardian, and complainant as security on the claim bond. The bill was lengthy and embraced numerous matters entirely immaterial to the decision rendered. When condensed the ease made was this : The execution levied was obtained for the balance of the purchase money of land sold by Toole to Shealy. In this trade, Toole had greatly overreached…
1Opinion of the Court
Bleckley, Justice.
1. There was no fraud or collusion on the part of Toole, the plaintiff in fi. fa. and defendant in the bill, which induced the withdrawal of the claim, or contributed to the recovery on the damage bond. When Mitchell, the complainant in the bill, signed that bond as surety for the claimant, he put himself in a boat which the claimant was to steer in behalf of both, and if there was injudicious or unskilful navigation he must take the consequences. The judgment on the bond concludes him as well as his principal; if it did not bind both it would bind neither. We can think of…
2Cited by3 opinions
- Glover v. CoxSupreme Court of Georgia · 1912
- Barry Finance Co. v. LanierCourt of Appeals of Georgia · 1949
- Wilson v. StateCourt of Appeals of Georgia · 1927