Fannin v. Thomasson
Supreme Court of Georgia
New Trial. Relief Act of 1868. Equitable defense. Before Judge Robinson. Morgan Superior Court. September Adjourned Term, 1871. Plaintiff in error was proceeding to make his money upon an execution in his favor against defendant in error, issued upon a judgment obtained at March Term, 1867, of Morgan Superior Court, for the sum of $3,119.81, principal, and $1,103.07, interest, when he was stopped by an affidavit stating that defendant in error was desirous of availing…
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New Trial. Relief Act of 1868. Equitable defense. Before Judge Robinson. Morgan Superior Court. September Adjourned Term, 1871. Plaintiff in error was proceeding to make his money upon an execution in his favor against defendant in error, issued upon a judgment obtained at March Term, 1867, of Morgan Superior Court, for the sum of $3,119.81, principal, and $1,103.07, interest, when he was stopped by an affidavit stating that defendant in error was desirous of availing himself of the benefits of the Relief Act of 1868. At the November Term, 1869, the defendant in error moved to have said…
1Opinion of the Court
Montgomery, Judge.
1. This was an attempt by defendant in error, who was also defendant in fi. fa. below, to avail himself of an equitable defense to the execution by motion under the Relief Act *537of 1868. The defense was, that he had been induced by plaintiff’s intestate, before the judgment was obtained, and during the war, to purchase Confederate seven-thirty notes and Georgia war bonds, under a promise that said intestate would take them in payment of the debt; that he, in consequence of the promise, bought the notes and bonds “with what money he had,” (Confederate money) and that he “sold…
2Cited by2 opinions
- Allis v. HallSupreme Court of Connecticut · 1904
- McCall v. FrySupreme Court of Georgia · 1904