Legal Opinion

Reed v. Janes

Supreme Court of Georgia

Decided February 24, 1890PublishedCited by 5 opinions

Actions. Vendor and purchaser. Assignment. Contracts. Champerty. Before Judge Maddox. Polk superior court. August term, 1889. In his lifetime, IV. P. Janes made to Thompson Colbert a mortgage on certain lands in Dougherty county, to secure a note for $2,200, dated January 5, 1874, and due on or before the next November 15. In 1875, W. F. Janes died, aud his son, C. G. Janes, was appointed his administrator.

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Actions. Vendor and purchaser. Assignment. Contracts. Champerty. Before Judge Maddox. Polk superior court. August term, 1889. In his lifetime, IV. P. Janes made to Thompson Colbert a mortgage on certain lands in Dougherty county, to secure a note for $2,200, dated January 5, 1874, and due on or before the next November 15. In 1875, W. F. Janes died, aud his son, C. G. Janes, was appointed his administrator. Afterwards Colbert obtained judgment of foreclosure of the mortgage, and on November 10, 1877, execution thereon issued. On August 15, 1885, he transferred and assigned this execution to…

1Opinion of the Court

Bleckley, Chief Justice.

1. There is a well-grounded distinction between direct champerty and collateral champerty. Collateral champerty is exterior to suit, and though affording a motive for carrying on the litigation, is not directly involved in it as matter for decision or adjudication in the pending controversy. Hilton v. Woods, L. R., 4 *389Eq. Cas. 432. According to the great weight of authority, collateral champerty is not available as a defence to the action, whether the proceeding be at law or in equity, unless there be some statutory provision controlling the question. Courtright v.…

2Cases cited3 opinions

  1. Robison v. BeallSupreme Court of Georgia · 1858
  2. Robinson v. WeeksNew York Supreme Court · 1851
  3. Hodgman v. Western Rail RoadNew York Supreme Court · 1852

3Cited by5 opinions

  1. Sullivan v. CurlingSupreme Court of Georgia · 1919
  2. Ellis v. SmithSupreme Court of Georgia · 1900
  3. Delray Incorporated v. ReddickSupreme Court of Georgia · 1942
  4. Askew & Co. v. Southern Railway Co.Court of Appeals of Georgia · 1907
  5. Johnson v. HiltonSupreme Court of Georgia · 1895

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