Tillman v. Stewart
Supreme Court of Georgia
Injunction. Before Judge Littlejohn. Muscogee county. February 25, 1898.
1Opinion of the CourtLumpkin, P. J.
At a time when the-title to a tract of land known as “Fontaine’s upper place” was unquestionably in George H. Fontaine, he mortgaged the same to one Sheppard. Afterwards Fontaine mortgaged the same land to Caroline Stewart and Edna Williams, and, still later, conveyed it to Mrs. *688'Fontaine. Tillman obtained against Fontaine a common-law judgment of younger date than any of these mortgages, and caused it to be levied upon the premises above mentioned. Mrs. Fontaine interposed a claim. While the claim case was pending, Tillman and others filed an equitable petition against Fontaine, Mrs.…
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