Winn v. Henderson
Supreme Court of Georgia
Liens. Levy and sale. Equity. Injunction. Before-Judge Hillter. Cobb County. At Chambers. October 20th, 1879.. Henderson, as surviving partner of Henderson & Dyson,, filed Ills bill against Winn et al., alleging, in brief, as follows : In 1873 D. Irwin, styling himself “P. B. M. E. C.,”' made a note to W. F. McElfresh for $1305.00 “for roofing the college building.”
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Liens. Levy and sale. Equity. Injunction. Before-Judge Hillter. Cobb County. At Chambers. October 20th, 1879.. Henderson, as surviving partner of Henderson & Dyson,, filed Ills bill against Winn et al., alleging, in brief, as follows : In 1873 D. Irwin, styling himself “P. B. M. E. C.,”' made a note to W. F. McElfresh for $1305.00 “for roofing the college building.” In 1874 suit in the statutory form, was brought on this note against the trustees of the Marietta Female College (a corporate body); service was acknowledged by Irwin, signing himself “ Pres. M. F. O.,” and judgment by default was…
1Opinion of the Court
Jackson, Justice.
1. There are many reasons why this injunction should not have been granted. There is no doubt that a valid mechanic’s lien was about to sell property covered by it; and that complainant sought to enjoin the sale as the holder of a younger lien on the interest of a lessee in the property, who bargained with the lessors to have certain work finished, with notice, too, in the junior creditor, of the prior lien made by the lessors. To state this fact is enough, in our view of it, to adjudicate the case. It would be strange if the sale ought to stop, when the senior lien is-valid…
2Cited by2 opinions
- Tillman v. StewartSupreme Court of Georgia · 1898
- Kontz v. Citizens & Southern National BankSupreme Court of Georgia · 1935