Robinson v. Thompson & Co.
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decision on demurrer by Judge Worrill, at November Term, 1859. This was a bill filed by Alexander J. Robinson, administrator of Seymour R. Bonner, deceased, against D. B. Thompson & Co.; and the object of the bill was to enjoin the defendants from selling certain real estate in the city of Columbus, under an execution in favor of defendants, founded upon a Mechanic’s Lien as provided by Act of the General Assembly, giving mechanics and…
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In Equity, in Muscogee Superior Court. Decision on demurrer by Judge Worrill, at November Term, 1859. This was a bill filed by Alexander J. Robinson, administrator of Seymour R. Bonner, deceased, against D. B. Thompson & Co.; and the object of the bill was to enjoin the defendants from selling certain real estate in the city of Columbus, under an execution in favor of defendants, founded upon a Mechanic’s Lien as provided by Act of the General Assembly, giving mechanics and others a prior lien on property in certain cases. The bill alleged that Bonner’s estate was insolvent; that complainant…
1Opinion of the Court
*934 By the Court.
Stephens, J.,
delivering the opinion.
The case made by this bill is, that the defendants in it are pursuing their right of proceeding as execution creditors to sell the property of their debtor, but that certain claims to the property have been interposed, casting a cloud upon the title, and rendering it probable that the property will bring less than its value, to the injury of other creditors of the same debtor, the debtor being insolvent. If the bill means that the claims have been legally interposed under the claim law, then they must be adjudicated or abandoned before there…
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