Dent v. Summerlin
Supreme Court of Georgia
In Equity, in Coweta Superior Court. Motion to dissolve injunction. Decided by Judge Hix.l, March Term, 1852. The bill charges, that Albert Sears, in the year 1844, in Heard Superior Court, obtained judgment and execution against the complainant, Michael C. Summerlin, and the defendant, William B. W. Dent, as his security, for the sum of $2500 as principal. Property of Summerlin was sold under the fi. fa. to the amount of $929 12 cents, and credited on the same.
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In Equity, in Coweta Superior Court. Motion to dissolve injunction. Decided by Judge Hix.l, March Term, 1852. The bill charges, that Albert Sears, in the year 1844, in Heard Superior Court, obtained judgment and execution against the complainant, Michael C. Summerlin, and the defendant, William B. W. Dent, as his security, for the sum of $2500 as principal. Property of Summerlin was sold under the fi. fa. to the amount of $929 12 cents, and credited on the same. In June, 1844, Dent as security, paid the balance due on the fi. fa. amounting to $1598 18 cents, and took the control of the same…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
*8[1.] The error assigned to the judgment of the Court below in this case is, the refusal to dissolve the injunction on the coming in of the deiendant’s answer, denying as the plaintiff in error insists, all the facts and circumstances upon which the equity in the complainant’s bill is based. The general rule is, that when the defendant by his answer denies all the facts and circumstances upon which the complainant’s equity is predicated, the injunction will be dissolved ; but that general rule is not without its exceptions, especially when fraud is…
2Cases cited1 opinion
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