Coker v. Norman

1. In the absence of some emergency which creates an immediate necessity for sale of property in the hands of a receiver, to which the title is in dispute, the court is without authority, upon mere motion before trial, to order the sale of such property, when such sale depends upon the determination of an issue of fact, such as the title to the property, raised by the pleadings, which is properly the subject of the final judgment, and thus put it out of the power of the court to award the property to the party who may be ultimately entitled to it. Esterlund v. Dye, 56 Ga. 284; Brush v. Jay,…