Rutherford v. Jones

Decided June 15, 1858

Supreme Court of Georgia · decided 1858-06-15

In equity, in Muscogee county, May Term, 1858, Judge Work ill, presiding. The complainant applied to the Court for an order, requiring the defendant Cleghorn to pay into Court by a given time, the amount of money admitted in his .answer to be in his hands, belonging to the estate of McDougald, arising from the rent of a portion of the property mentioned in the deed set forth in complainant’s bill. The Court refused to grant the order, and complainant excepted.

Decided 1858-06-15

¶1By the Court.

Lumpkin J.

¶2delivering the opinion.

¶3We are clear, that so far as the defendant Cleghorn admitted by his answer, a balance of money in his hands belonging to the estate of McDougald, that the Court should have ordered the same to be paid into Court without waiting for a final decree, 1 Smith’s Chancery Prac. 2d American, from 2d London Edition, p. 667 , 6 Ves, 738; 8 Ves. 68, 3 Bro, C. C., 365; 4 Nyl. & Craig, 165; S. C. 2 London Jurist, 911; 1 Hopkins, 274. And the fund will either be kept in the custody of the Court; or vested under the special order or discretion of the Court, as it may judge best.

¶4Judgment reversed.