Sharpe v. Kennedy
Supreme Court of Georgia
Injunction. Before Judge Kiddoo. Terrell county. At Chambers. December 29th, 1873. David Sharpe and Farnham & Sharpe, composed of William W. Farnham and James P. Sharpe, filed their fill against Wright Kennedy and Charles C. Brown, sheriff, upon the following state of facts: On the 27th day of January, 1871, complainants became security for Leroy Brown on a promissory note, of which the following is a copy: “ $800 00. On or before the 15th day of November next, we promise to…
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Injunction. Before Judge Kiddoo. Terrell county. At Chambers. December 29th, 1873. David Sharpe and Farnham & Sharpe, composed of William W. Farnham and James P. Sharpe, filed their fill against Wright Kennedy and Charles C. Brown, sheriff, upon the following state of facts: On the 27th day of January, 1871, complainants became security for Leroy Brown on a promissory note, of which the following is a copy: “ $800 00. On or before the 15th day of November next, we promise to pay Wright Kennedy, or bearer, eight hundred dollars, for value received, January 27th, 3871. (Signed) “ Leroy Brown,…
1Opinion of the Court
McCay, Judge.
"We are not prepared to say that there is not equity in the facts set forth in this bill. Under section 2155 of the Code, if the surety tender to the creditor the amount due, and demand the evidences of the debt and any securities the creditor may have, to be delivered to him, and the creditor fail to comply when within his power, this will operate to discharge the security. The language of the law is plain and positive.
As to control and possession of the fi. fa., that goes to the security by operation of law on the payment, and if placed by the creditor in the hands of the…
2Cited by5 opinions
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