Legal Opinion

Maynard v. Armour Fertilizer Works

Supreme Court of Georgia

Decided August 17, 1912PublishedCited by 16 opinions

Equitable petition. Before Judge Whipple. Wilcox superior court. March 21, 1911. The Armour Fertilizer Works and others filed their equitable petition against Mrs. L. M. Maynard and her two daughters, Myrtle Maynard and Lillie Mae Maynard, alleging in substance as follows: Plaintiffs were creditors of Mrs. Maynard, their debts having been created in 1906, beginning in the early part thereof.

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Equitable petition. Before Judge Whipple. Wilcox superior court. March 21, 1911. The Armour Fertilizer Works and others filed their equitable petition against Mrs. L. M. Maynard and her two daughters, Myrtle Maynard and Lillie Mae Maynard, alleging in substance as follows: Plaintiffs were creditors of Mrs. Maynard, their debts having been created in 1906, beginning in the early part thereof. One of them held the note of Mrs. Maynard and her husband, but the latter was hopelessly insolvent and had been so for several years. They reduced their claims to judgment, executions had been issued, and…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.)

1. Creditors, having reduced their claims to judgment, and having had entries of nulla bona made on the executions, filed an equitable petition seeking to subject certain land ’which had been conveyed by the debtor to her two daughters, and to have the deed *552canceled. The presiding judge overruled a demurrer to the petition, and the defendants excepted. One of the principal contentions on the part of the plaintiffs in error is that the defendants in error had a complete remedy at law, by levying their executions; and that there was no equity in a petition…

2Cases cited6 opinions

  1. Conley v. BuckSupreme Court of Georgia · 1897
  2. DeLacy v. Hurst, Purnell & Co.Supreme Court of Georgia · 1889
  3. First National Bank v. BaylessSupreme Court of Georgia · 1895
  4. Thurmond v. ReeseSupreme Court of Georgia · 1847
  5. Stephens v. BealSupreme Court of Georgia · 1848

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Wright v. DilbeckCourt of Appeals of Georgia · 1970
  2. Bivins v. TuckerCourt of Appeals of Georgia · 1930
  3. Sutton v. AdamsSupreme Court of Georgia · 1934
  4. Oxford v. ShumanCourt of Appeals of Georgia · 1962
  5. Wood v. Hub Motor CompanyCourt of Appeals of Georgia · 1964

11 more not listed; retrieve them via the Exa API.

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