Camp v. Phillips
Supreme Court of Georgia
Relief Act of 1868. New Trial. Before Judge Green. Newton Superior Court. September Term, 1870. On the 27th of September, 1860, Green B. Turner obtained a judgment in said county against Noah Phillips for $2,000 00 principal, and $766 02 interest to that date. Fi. fa. was issued in October, 1860. In May, 1861, Turner transferred this fi. fa. and judgment to Camp. Phillips died in 1864, and his wife administered upon his estate.
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Relief Act of 1868. New Trial. Before Judge Green. Newton Superior Court. September Term, 1870. On the 27th of September, 1860, Green B. Turner obtained a judgment in said county against Noah Phillips for $2,000 00 principal, and $766 02 interest to that date. Fi. fa. was issued in October, 1860. In May, 1861, Turner transferred this fi. fa. and judgment to Camp. Phillips died in 1864, and his wife administered upon his estate. On the 5th of March, 1867, she paid $650 00 on said fi. fa. to Camp. On the 7th of October, 1868, the fi. fa. was levied upon certain property of said Phillips,…
1Opinion of the CourtMcCay, J.
This is a case under the Relief Act of 1868. Before that Act, the defendant in the judgment would have been compelled to set up her rights in equity. Under that Act, she asserts them in a Court of law. Her claim is, that, by the conduct of the plaintiff in the judgment, since the date of the contract, and since the judgment an equity has arisen between them,, which, under the Act of 1868, she is entitled to have adjusted.
It is admitted that if, in fact, Phillips sold his property for bank bills, or procured bank bills in any way, on the promise of Camp to take them in discharge of the…
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