Legal Opinion

Edwards v. Perryman

Supreme Court of Georgia

Decided July 15, 1855No. 47PublishedCited by 5 opinions

In Equity, in Marion Superior Court. Decisions by Judge Worrell, February Term, 1855. Consolidated, by consent, in the Supreme Court. On 12th April, 1854, Osborne Edwards executed a deed of trust to James Perryman, conveying certain lands, negroes, and three promissory notes — one on II. M. Jeter, one on II. K. Lamb, and one on Wm.

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In Equity, in Marion Superior Court. Decisions by Judge Worrell, February Term, 1855. Consolidated, by consent, in the Supreme Court. On 12th April, 1854, Osborne Edwards executed a deed of trust to James Perryman, conveying certain lands, negroes, and three promissory notes — one on II. M. Jeter, one on II. K. Lamb, and one on Wm. Yarborough — to hold the same for the sole and separate use of the wife of Osborne Edwards for life — reserving the management and control of the property, both real and personal, to Osborne Edwards, by and with the consent of his wife, and also the jDOwer to sell…

1Opinion of the Court

By the Court.

Starnes, J.

delivering the opinion.

[1.] The order of the Court below, dissolving the injunction as to Crawford, on the ground that the equity of the bill'was SAVorn off, Avas too general. We think it right that the-injunction should have been dissolved, (according to the case made by the answer,) to the extent of the debts of Edwards, shown to have been in existence at the date of the deed executed by him. And that the Court should have modified his-order so that Crawford might have proceeded to collect the-note in his hands, if he chose to take the risk of this, with the bill…

2Cited by5 opinions

  1. National Power & Paper Co. v. RossmanSupreme Court of Minnesota · 1913
  2. Wortsman v. WadeSupreme Court of Georgia · 1886
  3. Cawker v. Central Bitulithic Paving Co.Wisconsin Supreme Court · 1907
  4. Wade v. WortsmanU.S. Circuit Court for the Southern District of Georgia · 1887
  5. Montana Cent. R'y Co. v. Helena & R. M. R. Co.Montana Supreme Court · 1887

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