Hargroves v. Nix
Supreme Court of Georgia
In Equity, in Murray Superior Court. Decided by Judge Jno. H. Lumpkin, April Term, 1853. The facts of this case are as follows: James Nix had been the owner of a lot of land in Murray county, which he had sold to one Bryan, giving bond for titles. Bryan subsequently transferred the bond to Hargroves and others, who took possession, and let the land to Wm. N. Bishop, as their tenant.
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In Equity, in Murray Superior Court. Decided by Judge Jno. H. Lumpkin, April Term, 1853. The facts of this case are as follows: James Nix had been the owner of a lot of land in Murray county, which he had sold to one Bryan, giving bond for titles. Bryan subsequently transferred the bond to Hargroves and others, who took possession, and let the land to Wm. N. Bishop, as their tenant. Nix subsequently commenced his action of ejectment against Bishop; and Hargroves and others filed their hill in Chancery, setting up their equitable title, praying that the ejectment suit be enjoined, and that Nix…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
[1.] It is not questioned but that the agreement, alleged in the bill to have taken place between Bishop, the tenant and agent of the complainants, and their adversary, was fraudulent. And had any injury resulted to the party, by reason of it, a Court of Equity would feel bound to interfere and grant relief. But the bill neither charges in general terms, that the collusive arrangement was consummated, or that any damage accrued to the complainants on account of it. Nor is there any allegation from which damage could be fairly inferred. — • It is…
2Cited by4 opinions
- Harris v. NeilSupreme Court of Georgia · 1916
- Johnson v. WatkinsCourt of Appeals of Georgia · 1921
- Bozeman v. CoxSupreme Court of Georgia · 1880
- McClendon v. MinterCourt of Appeals of Georgia · 1916