Norton v. Graham
Supreme Court of Georgia
Petition for injunction. Before Judge Freeman. Carroll superior court. September 27, 1907. John C. Norton applied to the superior court of Carroll county to enjoin -Benjamin Graham et al. from prosecuting, in the city court of Carrollton, a suit instituted by Graham against him on a promissory note given for the purchase of certain land; to which suit he had filed a plea alleging, that the plaintiff was insolvent and did not own and could not make title to the land for which…
Read the full summary
Petition for injunction. Before Judge Freeman. Carroll superior court. September 27, 1907. John C. Norton applied to the superior court of Carroll county to enjoin -Benjamin Graham et al. from prosecuting, in the city court of Carrollton, a suit instituted by Graham against him on a promissory note given for the purchase of certain land; to which suit he had filed a plea alleging, that the plaintiff was insolvent and did not own and could not make title to the land for which the note was given, and that the land was in the possession of another person, who was the true owner; that he had paid…
1Opinion of the CourtHolden, J.
(After stating the facts.)
The allegations contained in the plea of the defendant to the suit in the city court set up a good defense of which the city court had jurisdiction. In this plea he avers, that the land for the pur*393■chase-money of which the note was given is owned by and is in the possession of a third person; that the plaintiff refuses and is unable to make him a good title to the land; and that the note was executed •and the payment of $150 made to the plaintiff through a mistake of fact, induced by the false and fraudulent representations of the plaintiff that he owned the land and…
2Cases cited6 opinions
- Arnold v. CarterSupreme Court of Georgia · 1906
- House v. OliverSupreme Court of Georgia · 1905
- Black v. FritzSupreme Court of Georgia · 1896
- Hix v. Kiser & Co.Supreme Court of Georgia · 1898
- McCall v. WilkesSupreme Court of Georgia · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Weaver v. RobersonSupreme Court of Georgia · 1910
- Equitable Life Assurance Society v. BischoffSupreme Court of Georgia · 1934
- Edenfield v. RountreeCourt of Appeals of Georgia · 1925
- Clower v. BryanSupreme Court of Georgia · 1932
- Riehle v. Bank of BullochvilleSupreme Court of Georgia · 1924
8 more not listed; retrieve them via the Exa API.