Mathews v. Cody
Supreme Court of Georgia
Injunction and receiver. Discovery. Judgments. Before Judge Crawford. Chattahoochee County. At Chambers. Mathews and others, legatees and representatives of legatees under the will of Charles Fisher, filed their bill against Cody and certain judgment creditors of his, making, in brief, this case: In 1866 Fisher died testate, appointing Cody executor, leaving an estate of realty and personalty of the value of $50,000.00 ; and directing the sale of his property and the…
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Injunction and receiver. Discovery. Judgments. Before Judge Crawford. Chattahoochee County. At Chambers. Mathews and others, legatees and representatives of legatees under the will of Charles Fisher, filed their bill against Cody and certain judgment creditors of his, making, in brief, this case: In 1866 Fisher died testate, appointing Cody executor, leaving an estate of realty and personalty of the value of $50,000.00 ; and directing the sale of his property and the division of its proceeds between his wife and children, share and share alike. At the sale of the land, on November 6,1866,…
1Opinion of the Court
Bleckley, Judge.
1. An injunction bill should be properly verified by some person acquainted with the facts, more especially where discovery is waived. In the present case, there was no sufficient evidence before the chancellor that the debts were not contracted on the faith of the property. It is a mistake to suppose that the complainant can waive discovery, and not take the consequent burden of making out the case at the interlocutory hearing, as well as at the final hearing.
2. Title to the land has been in the executor more than ten years, in his individual capacity. Code, §2922. Besides,…
2Cases cited14 opinions
- Barker v. BarkerWisconsin Supreme Court · 1860
- Draper v. JacksonMassachusetts Supreme Judicial Court · 1820
- Zimmer v. DansbySupreme Court of Georgia · 1876
- Stow v. KimballIllinois Supreme Court · 1862
- Seaman v. CookIllinois Supreme Court · 1853
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Coleman v. LawSupreme Court of Georgia · 1930
- Ingram & LeGrand Lumber Co. v. McAllisterSupreme Court of Georgia · 1939