Legal Opinion

Jones v. Holliday

Supreme Court of Georgia

Decided June 15, 1868PublishedCited by 1 opinion

Equity. Appointment of Eeceiver, by Judge Vason, Chambers, Baker county, January, 1868. Holliday sold to Wilcher Jones and Gustavus Jones, his plantation in Baker county, and all the stock of horses, cattle, etc., the corn and fodder, and the crop then growing thereon, all of the value of $32,000 00, and made to them a deed for the land, which was to be absolute, if the payments agreed on were made promptly, but to be void if they were not promptly made.

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Equity. Appointment of Eeceiver, by Judge Vason, Chambers, Baker county, January, 1868. Holliday sold to Wilcher Jones and Gustavus Jones, his plantation in Baker county, and all the stock of horses, cattle, etc., the corn and fodder, and the crop then growing thereon, all of the value of $32,000 00, and made to them a deed for the land, which was to be absolute, if the payments agreed on were made promptly, but to be void if they were not promptly made. The purchasers paid Holliday $4,000 00, in cash, for said personalty, and gave him their three several promissory notes; one for $11,000 00,…

1Opinion of the CourtWalkee, J.

Where the Chancellor abuses his discretion in the granting of an injunction, or the appointment of a Eeceiver, his action will be controlled. This was not a proper case for the appointment of a Eeceiver under the facts. The Messrs. Jones purchased the property of Holliday, paid $4,000 cash, and 88 bales of cotton, and were proceeding to make another crop. Holliday held a lien upon all the property sold, and all the evidence of any waste of the property, was the sale of a sugar mill on a credit to a solvent purchaser, two piney woods colts, which were of no use to the Jones’, and the exchange…

2Cited by1 opinion

  1. Tumlin v. VanhornSupreme Court of Georgia · 1887

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