Lee v. Clark
Supreme Court of Georgia
Equity. Injunction. Lee filed his bill against Clark, as the executor of "William D. Conyers, deceased, containing substantially the following allegations: Complainant and one Turner Horton each owned tracts of land in Newton county. They agreed to exchange.
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Equity. Injunction. Lee filed his bill against Clark, as the executor of "William D. Conyers, deceased, containing substantially the following allegations: Complainant and one Turner Horton each owned tracts of land in Newton county. They agreed to exchange. Before this contract was executed, Horton informed complainant that he purchased his land from William W. Clark; that a portion of the purchase money was still unpaid, and that Clark had transferred his claim to the same to William D. Conyers. Under these circumstances, complainant declined to execute a deed to Horton to his…
1Opinion of the Court
McCay, Judge.
1. There was no error in dissolving this injunction. This Court, in the case of Jones et al. vs. Macon & Brunswick Railroad, 39 Georgia, 138, has held that to justify the use of this extraordinary writ the statements of the complainant must be positive, and within his own knowledge, or if he cannot say this, but relies on information and belief, he must bring with him the sworn statements of those who do know. And this *85is only a reasonable and proper requirement. The whole equity of this bill turns upon the message received by the complainant from Dr. Conyers. The bill does not…
2Cited by7 opinions
- William Hone & Co. v. MoodySupreme Court of Georgia · 1877
- Mitchell v. PittmanSupreme Court of Georgia · 1937
- Overton v. AlfordSupreme Court of Georgia · 1954
- Galbreath Gas Co. v. Lindsey Et Ux.Supreme Court of Oklahoma · 1912
- Tibbits v. MillerSupreme Court of Oklahoma · 1900
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