Bethune v. Wilkins
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decision by Judge-Alexander, at Chambers, October, 1849. James N. Bethune, as trustee of Mrs. Parizade Mitchell and her children, filed a bill, alleging that on 1st January, 1846, James S. Norman purchased a certain lot of land in Wynnton, of John Banks, for $1000, and gave his four promissory notes for the same, taking at the same time from Banks, a bond to make titles when the notes were paid; that subsequently, on 1st September,…
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In Equity, in Muscogee Superior Court. Decision by Judge-Alexander, at Chambers, October, 1849. James N. Bethune, as trustee of Mrs. Parizade Mitchell and her children, filed a bill, alleging that on 1st January, 1846, James S. Norman purchased a certain lot of land in Wynnton, of John Banks, for $1000, and gave his four promissory notes for the same, taking at the same time from Banks, a bond to make titles when the notes were paid; that subsequently, on 1st September, 1847, the complainant, as trustee, purchased of Norman, the bond of Banks, and caused the same to be transferred to himself,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
This bill was filed to restrain the Sheriff, by injunction, from placing the purchaser of a certain lot in Columbus, at Sheriff’s sale, in possession of the premises, on the ground that the complainant is the owner of the property so purchased; and that being neither defendant in execution, his heir or tenant, the Sheriff is not authorized to eject him from the premises.
The defendants having answered the bill, moved the Court below to dissolve the injunction, upon the ground that the equity in the bill had been fully sworn off; which motion was…
2Cited by6 opinions
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- Justices of the Inferior Court v. Griffin & West Point Plank Road Co.Supreme Court of Georgia · 1852
- Sullivan v. HearndenSupreme Court of Georgia · 1852
- Heaney v. Butte & Montana Commercial Co.Montana Supreme Court · 1891
- Griner v. CulpepperSupreme Court of Georgia · 1927
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