Stephens v. Beal
Supreme Court of Georgia
Bill and demurrer. Heard Before Judge Hill, in Troup Superior Court, October Adjourned Term, 1847. The bill in this case alleges that Thomas O. Carter, one of the plaintiffs in error, in the year 1840, being indebted to the defendant in error, then Ann C. Booker, in the sum of $2028 93, gave her his note for the same, to fall due on the 25th day of December thereafter; that afterwards, on the 14th day of February, 1843, Carter, for the better securing the payment of said…
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Bill and demurrer. Heard Before Judge Hill, in Troup Superior Court, October Adjourned Term, 1847. The bill in this case alleges that Thomas O. Carter, one of the plaintiffs in error, in the year 1840, being indebted to the defendant in error, then Ann C. Booker, in the sum of $2028 93, gave her his note for the same, to fall due on the 25th day of December thereafter; that afterwards, on the 14th day of February, 1843, Carter, for the better securing the payment of said note, executed to the defendant in error, a mortgage upon several slaves. The bill further alleges, that the defendant in…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
This bill was filed by the complainant, for the purpose of setting aside a sale of certain negroes, mentioned in the record, on the ground of fraud.
The defendants, in the Court below, filed a general demurrer to the bill, for want of equity, which was overruled: whereupon the defendants excepted, and now assign the same for erior in this Court.
Two questions have been made in the argument by the plaintiffs in error, in support of the demurrer.
First, that the complainant was not entitled to the aid of a Court of Equity, until she had exhausted her…
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