Loyless v. Howell
Supreme Court of Georgia
In Equity, in Kinchafoonce Superior Court. Decision by Judge Crawford, at Chambers, May 18, 1854. This hill was filed to correct an alleged mistake, in a bond for titles. The allegations were, that Loyless, the complainant, owning land in and around tlio village of Ilardmoney, in .said county, laid off a part thereof into town lots ; and at different times, at public and private sales, disposed of many of the lote.
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In Equity, in Kinchafoonce Superior Court. Decision by Judge Crawford, at Chambers, May 18, 1854. This hill was filed to correct an alleged mistake, in a bond for titles. The allegations were, that Loyless, the complainant, owning land in and around tlio village of Ilardmoney, in .said county, laid off a part thereof into town lots ; and at different times, at public and private sales, disposed of many of the lote. One of the terms and conditions of all the sales, fully expressed and made known -vas, that the grantees should neither sell, or ponnil !lit- s«ie of .-.in.-duous lienors on the…
1Opinion of the Court
By the Court.
Penning, J.,
delivering the opinion.
[1.] This Court has several times hold, that the granting and the continuing of the process of injunction, rest in discretion, to be governed by the nature of the case. (Holt et al. vs. Bank of Augusta, 9 Ga. R. 552. Dent vs. Summerlin, 12 Ga. R. 8. And see 13 Ga. 145.)
It has also been held, that it will not disturb a judgment made on what rests in discretion, unless the judgment be such as to show a flagrant abuse of the discretion. (Seely vs. State, 1 Kelly, 215. Johnson vs. Fowler & Newton, 3 Kelly, 117. Moody vs. Fleming, 4 Ga. R. 115.)
Is…
2Cases cited3 opinions
- Swift v. SwiftSupreme Court of Georgia · 1853
- Dennis v. GreenSupreme Court of Georgia · 1850
- Lewis v. LeakSupreme Court of Georgia · 1850
3Cited by4 opinions
- Thomas v. MorrisettSupreme Court of Georgia · 1886
- Savannah & Ogeechee Canal Co. v. ShumanSupreme Court of Georgia · 1893
- Bibb v. ShackelfordSupreme Court of Alabama · 1863
- Webb v. OliverCourt of Appeals of Georgia · 1974