Smith v. Johnson

Decided April 15, 1920

Supreme Court of Georgia · decided 1920-04-15

Injunction and receivership. Before Judge Wright. Floyd superior court. July 2, 1919. Upon application of Johnson and of Sanders (the latter claiming title and right of possession under the former), a receiver was appointed for crops growing on 130 acres of land, and the defendants, John Smith and his wife Nora, were enjoined from interfering therewith.

Relies on Hunter v. Bowen · Vizard v. Moody

Decided 1920-04-15

Atkinson, J.

¶1The judge did not err, on conflicting evidence, in appointing a receiver as prayed. Vizard v. Moody, 117 Ga. 67 (43 S. E. 426); Hunter v. Bowen, 137 Ga. 258 (2), 261 (73 S. E. 380).

¶2Judgment affirmed.

All the Justices concur, except Gilbert, J., absent for providential cause.

The defendants admitted that John Smith made a contract for the purchase of the land, but alleged that this was rescinded in July or August, 1912; that Nora Smith “assumed the liability for said land/’ paying the $99, and Johnson executed and delivered to her a bond for title; and that thereafter John Smith had no interest in the property. They denied the allegations of waste, etc. The testimony on the material issues was in conflict.

M. B. Bubanlcs, for plaintiffs in error. Q. I. Carey, contra.