Straughan v. Brown
Supreme Court of Georgia
1Opinion of the Court
Duckworth, Chief Justice.
“He who would have equity must do equity.” Code § 37-104. Here the petitioner, seeking to enjoin two suits on notes, fails to deny the indebtedness due on the notes or to show why they should be enjoined but seeks to allege an involved real estate transaction and to cancel as a nullity a warranty deed which she admits signing, prays for an accounting for sums paid, and to be allowed to pay any and all sums due as may be determined by these proceedings without tendering any amount due. An offer to restore whatever an accounting might show to be due is not an…
2Cases cited2 opinions
- Williams v. FottchéSupreme Court of Georgia · 1924
- Darnell v. TateSupreme Court of Georgia · 1933
3Cited by1 opinion
- Holcomb v. Approved Bancredit Corp.Supreme Court of Georgia · 1969