Mattox v. Deadwyler
Supreme Court of Georgia
Injunction. Before Judge Holden. Elbert superior court. July 1, 1907. Cornelia A. Deadwyler and others filed an equitable petition against J. R. Mattox, plaintiff in fi. fa., and the sheriff of Elbert-county, seeking to enjoin a sale under execution. They alleged,, in brief, as follows: Cornelia A. Deadwyler is.the widow and also-the executrix of the will of Henry R. Deadwyler, deceased.
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Injunction. Before Judge Holden. Elbert superior court. July 1, 1907. Cornelia A. Deadwyler and others filed an equitable petition against J. R. Mattox, plaintiff in fi. fa., and the sheriff of Elbert-county, seeking to enjoin a sale under execution. They alleged,, in brief, as follows: Cornelia A. Deadwyler is.the widow and also-the executrix of the will of Henry R. Deadwyler, deceased. The other plaintiffs are children of the testator, except certain minors. who are children of Comas F. Deadwyler, the son of the testator, and interested as contingent legatees under his will. The will of the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
There is but one question in this' case. An execution against the son of a testator was levied upon an undivided one-ninth interest in the remainder estate in certain lands. The widow, six children of the testator, and another person, as next friend of the minor children of the defendant in execution, filed their equitable petition to enjoin a sale under the levy. By amendment, one of the plaintiffs alleged that he was also a mortgage creditor of the defendant in execution, whose mortgage was inferior to the judgment. There were no disputed questions of…
2Cases cited6 opinions
- Cushman v. ColemanSupreme Court of Georgia · 1894
- Riggins v. Adair & McCarty Bros.Supreme Court of Georgia · 1898
- Lufburrow v. KochSupreme Court of Georgia · 1886
- Blake v. IrwinSupreme Court of Georgia · 1847
- Brother v. NashSupreme Court of Georgia · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Harris v. McDonaldSupreme Court of Georgia · 1921
- Cooper v. DavisSupreme Court of Georgia · 1932
- Jones v. Tri-State Electric CooperativeSupreme Court of Georgia · 1956
- St. Louis, Iron Mountain & Southern Railroad v. McWhirterCourt of Appeals of Kentucky · 1911