Legal Opinion

Orton v. Madden

Supreme Court of Georgia

Decided January 5, 1885Published

1Opinion of the CourtJackson, C. J.

1. Equity has jurisdiction concurmntly with law in all cases of fraud; and courts of equity mo.re readily raise and act upon a presumption of fraud than courts of law, from facts pointing thereto. In this case rank fraud is admitted by the demurrer, covered up by three or four different claimants to the property, and it is quite difficult to determine against whom to proceed as the real owner. Code, §3172; 2 Ga., 304, 31 Id., 150.

2. In case of circuity of actions and multiplicity of suits, where there are assets to be administered and disposed of among creditors, equity has jurisdiction; and…

2Cases cited3 opinions

  1. Eugene S. Ballin & Co. v. M. Ferst & Co.Supreme Court of Georgia · 1875
  2. Cubbedge & Hazelhurst v. AdamsSupreme Court of Georgia · 1871
  3. Trippe & Slade v. WardSupreme Court of Georgia · 1847

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