Warren v. Bunch
Supreme Court of Georgia
Practice in superior court. Receivers. Equity. Insolvency. Before Judge Roney. Columbia superior court. March term, 1887. Before the bill was filed, the sheriff twice sold and the defendant twice bought the land in controversy as the property of one of the complainants, first under a mortgage fi.fa., and then under a general fi.fa., and the sheriff made an effort to put him in possession, but did not completely dispossess the complainants, and they, as the facts indicate,…
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Practice in superior court. Receivers. Equity. Insolvency. Before Judge Roney. Columbia superior court. March term, 1887. Before the bill was filed, the sheriff twice sold and the defendant twice bought the land in controversy as the property of one of the complainants, first under a mortgage fi.fa., and then under a general fi.fa., and the sheriff made an effort to put him in possession, but did not completely dispossess the complainants, and they, as the facts indicate, pushed the defendant entirely out. Pending the bill, a receiver, appointed at the instance of the defendant, took…
1Opinion of the Court
Bleckley, Chief Justice,
(after stating the above facts.)
1. A summary bearing before the chancellor in vacation may, in the exercise of his discretion, be reopened for more *126evidence. Why not ? He sits as chancellor to determine matter pending before him in chambers, and if he lacks information upon it, why may he not allow either or both pai’ties to ixxtrodixce more evidence? By stopping the hearing at a particular point, he does not cut himself off from hearing more. The general rule is, that a court of chancery is always open, (code, §4222,)and we suppose that may apply to the chancellor…
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