May v. Goodwin
Supreme Court of Georgia
In Equity, from Macon county. Decision by Judge Lamar, at September Term, 1858. This case was before this Court at June Term, 1857, and is reported in k&d, Ga. Rep., vjhere the facts will be found duly stated. * A / <• < t/v, > [■', The following is the judgment pronounced by the Supreme Court upon the former hearing: "Theodore A. Goodwin, plaintiff in error, vs. Pleasant L. J. May, et. al., defendants in error.
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In Equity, from Macon county. Decision by Judge Lamar, at September Term, 1858. This case was before this Court at June Term, 1857, and is reported in k&d, Ga. Rep., vjhere the facts will be found duly stated. * A / <• < t/v, > [■', The following is the judgment pronounced by the Supreme Court upon the former hearing: "Theodore A. Goodwin, plaintiff in error, vs. Pleasant L. J. May, et. al., defendants in error. This case came before the Court upon a transcript of the record from the Superior Court of Macon county, and after argument had, it is considered and adjudged by the Court, that the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
We are inclined to think that this is a good bill. The •claimants or mortgagees, by discharging complainant’s demand, would entitle themselves to the balance of the money arising from the sale of the furniture.
Were it otherwise, it is too late to move to dismiss the bill for want of equity, because the complainant had a common law remedy. A motion to dismiss a bill for want of equity, proper, may be made at any time. As for example, if a bill be filed for the specific performance of a parol contract respecting land ; and it appears from its face,…
2Cited by2 opinions
- Preteca v. Maxwell Land Grant Co.Court of Appeals for the Eighth Circuit · 1892
- Bell v. McGradySupreme Court of Georgia · 1861