Legal Opinion

Moody v. Ellerbie

Supreme Court of Georgia

Decided December 15, 1867PublishedCited by 14 opinions

Set-off in Equity. Demurrer. Decided by Judge Clarke. Chambers. ' Randolph County, October, 1867. Moody bought of Stephen Royal land lot No. 337, 4th district of Calhoun county, giving him therefor his promissory notes for $375.00 and $700.00 respectively, dated 2d August, 1858, and due 1st January, 1859, and 1st January, 1860, respectively, and at the same time gave Royal a mortgage on the land to secure the payment of the notes.

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Set-off in Equity. Demurrer. Decided by Judge Clarke. Chambers. ' Randolph County, October, 1867. Moody bought of Stephen Royal land lot No. 337, 4th district of Calhoun county, giving him therefor his promissory notes for $375.00 and $700.00 respectively, dated 2d August, 1858, and due 1st January, 1859, and 1st January, 1860, respectively, and at the same time gave Royal a mortgage on the land to secure the payment of the notes. Stephen Royal died; his son Daniel administered on his estate. He died, and then Ellerbie became the administrator. The notes were not paid, and Ellerbie, as…

1Opinion of the CourtWalker, J.

Equity jurisdiction is established and allowed for the protection and relief of parties, where, from any peculiar circumstances, the operation of the general rules of law would be deficient in protecting from anticipated wrong or relieving for injuries done. Eev. Code, Sec. 3026. Is not the case here presented such as was contemplated by this section? Are there not peculiar circumstances which entitle this complainant to relief, and would not the operation of the general rules of law be deficient in protecting him from anticipated wrong? If so, then equity may entertain jurisdiction.

I. As a…

2Cited by14 opinions

  1. Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
  2. Morrison v. McFarlandSupreme Court of Georgia · 1917
  3. William Hone & Co. v. MoodySupreme Court of Georgia · 1877
  4. Butler v. FloydSupreme Court of Georgia · 1937
  5. Crandall v. ShepardSupreme Court of Georgia · 1928

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