Baggett v. Edwards
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Fulton superior .court. November 20, 1905. Baggett, as tbe administrator of Scogin^ deceased, filed his ■equitable petition against Edwards, a non-resident, and McDaniel,| his resident attorney, alleging in brief as follows: Edwards claims that the intestate is indebted to him in the sum of $349 as principal, and interest, upon a promissory note, dated January 12, 1901; and due January 12, 1904, and also in the sum of $6.55 for…
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Equitable petition. Before Judge Pendleton. Fulton superior .court. November 20, 1905. Baggett, as tbe administrator of Scogin^ deceased, filed his ■equitable petition against Edwards, a non-resident, and McDaniel,| his resident attorney, alleging in brief as follows: Edwards claims that the intestate is indebted to him in the sum of $349 as principal, and interest, upon a promissory note, dated January 12, 1901; and due January 12, 1904, and also in the sum of $6.55 for certain' taxes; that to secure the payment of these sums the intestate in his lifetime, on January 12, 1901, made to him “a…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) The plaintiff sought to prevent a sale under a power contained in an instrument made by his intestate for the purpose of securing a debt. He did not set out in the petition the instrument itself or the power. He merely alleged that the defendant Edwards claimed that Scogin, plaintiff’s intestate, made to him “a mortgage or security deed” to the lands involved; and that in the conveyance a power .of sale was claimed to be included. He refrained from informing the court exactly what the instrument was, and referred to it in the alternative as a mortgage or deed. There…
2Cases cited3 opinions
- Wilkins v. McGeheeSupreme Court of Georgia · 1891
- Greenfield v. StoutSupreme Court of Georgia · 1905
- Roland v. Coleman & Co.Supreme Court of Georgia · 1886
3Cited by37 opinions
- Doyal v. RussellSupreme Court of Georgia · 1936
- Alexander v. ChipsteadSupreme Court of Georgia · 1922
- Richards & Associates, Inc. v. StudstillSupreme Court of Georgia · 1956
- Setzers Super Stores of Georgia, Inc. v. HigginsCourt of Appeals of Georgia · 1961
- Wardlaw v. WoodruffSupreme Court of Georgia · 1932
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