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23 Ga. 139

Frith v. Roe

Supreme Court of Georgia

Decided June 15, 1857

Supreme Court of Georgia · decided 1857-06-15

In Equity, in Randolph Superior Court. Decision by Judge Kiddoo, at Chambers, 11th May, 1857. This was a bill filed by John Roe against Hannah Frith, Benjamin Y. Iverson and Nathaniel Robinson.

Cited in Bouvier (1914)’s definition of “Injunction”

Good law ✅— No negative treatment on recordhow we know

Decided 1857-06-15

How this case has been cited

Cited by 3 later decisions — most recently April 1952

3 state decisions

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¶1*141By the Court.

Benning, J.

¶2delivering the opinion.

¶3The only question is, ought the Court below to have granted the injunction ?

¶4According to the allegations in the bill, Roe has the equitable title to the land, but an equitable title depending upon a bond for titles that is lost, and upon a deed that is lost. Iverson has the legal title to the land, but he acquired that title, with notice of the equitable title now in Roe; and Hannah Frith has the possession of the land, and that possession is one which she rightfully acquired.

¶5These things being so, it is at least doubtful, whether Roe can make his title available to him in the suits at law; but, it is certain that he has the right to go into equity, to compel conveyances, and to establish the lost papers; and that he has the right to take Hannah Frith there; she is in privity with White, having rented the land from his agent, and Roe is in privity with White — holding White’s bond for titles.

¶6And if he has the right to go into equity for ©ne purpose, he has the right to go into it, for all purposes connected rvith his case.

¶7But in order that equity may thus do full justice, in a single decree, it was necessary, that, the common law suits should be enjoined.

¶8We think, therefore, that the Court below did not err in granting the injunction.

¶9Judgment affirmed.

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