25 Ga. 148
Decided March 15, 1858
Supreme Court of Georgia · decided 1858-03-15
Equity, from Fulton County. Decided by Judge Bull, October Term, 1857. Aaron Alexander filed his bill for an injunction to restrain the Sheriff from proceeding on a fi. fa. In September, 1856, William Markham instituted his action of assumpsit against the said Alexander, founded on two promissory notes, which Alexander had given him in payment of certain lands in the city of Atlanta, in the county of Fulton.
Decided 1858-03-15
¶1By the Court.
¶2delivering the opinion.
¶3The answer says, that the “ incumbrance” complained of in the bill, had been removed. The whole equity of the *151bill depended upon the existence of this incumbrance. The removal of the incumbrance was, .therefore, equivalent to abstracting from the bill, all its equity.
¶4We think, then, that the order dissolving the injunction, was right.
¶5Judgment affirmed.