Parks v. Bailey
Supreme Court of Georgia
In Equity, from Whitfield Superior Court. Decision by Judge Trippe, at April Term, 1856. This was a'bill in equity filed by Richard M. Parks against Samuel S. Bailey, for injunction, and to set aside sale, &c.
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In Equity, from Whitfield Superior Court. Decision by Judge Trippe, at April Term, 1856. This was a'bill in equity filed by Richard M. Parks against Samuel S. Bailey, for injunction, and to set aside sale, &c. The bill alleges that Bailey the defendant sold to com plainant a valuable Hotel and lot in the town of Dalton, for twenty-five hundred dollars; two thousand he paid in cash, and gave his note for the balance, and took Bailey’s bond for titles to be executed upon the payment of said notq. • After the note became due, Bailey instituted suit thereon against complainant and recovered…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
One fact alone in this case, is a sufficient reason why the injunction should not have been dissolved. The 3d section *118of the Act of 1847, provides, “that when any judgment has been, or shall be rendered in any of the Courts of this State, ■upon any note or other evidence of debt given for the purchase of land, where titles have not been made, but bond for titles given, it shall and may be lawful for the obligor in said bond to make and file and have recorded in the Clerk’s office of the Superior Court of the county, a good and sufficient deed of…
2Cited by2 opinions
- McCord v. McGintySupreme Court of Georgia · 1896
- Neal v. Murphey & Co.Supreme Court of Georgia · 1878