New trial. Scaling ordinance. Before Judge Hopkins. Fulton Superior Court. April Term, 1873.

Isaac G. Mitchell filed a bill against Rebecca B. Butt and Jesse M. Butt, charging that some time previous to the 14th of November, 1882, the defendants had purchased of Benjamin Rogers the south half of land lot number one hundred and fhirty-two, containing one hundred and one and one-fourth acres, in the fourteenth district of Fulton county; that the defendants had not paid and could not pay one dollar of the purchase money; and that on the 14th November, 1862, they applied to complainant to make payment for them, and said that the land should stand bound to complainant until the purchase money was paid; that complainant did make payment on that day to said Rogers of the entire amount of said purchase money, to-wit: $900 00, and'thereupon Rogers made and executed to defendants a fee simple title to said land, and the defendants made and executed to complainant the following instrument in writing :

“Atlanta, Ga., November 14th, 1862.

“Two years after date, with interest from date, we promise to pay I. G. Mitchell the sum of nine hundred dollars ($900 00) for the south half of land lot No. 132, containing 101-! acres, more or less, lying and being in the 14th district of originally Fayette, now Fulton county.

“Witness our hands and seals,

“Rebecca B. Butt, [l.s.]

“Jesse M. Butt, [l.s.]”

That said note was intended to cover the agreement that said land should stand bound for the purchase money, which was all paid by complainant, and none by defendants; that defendants had recently offered to sell said land in order to defeat said agreement, and that they were insolvent.

The bill prays for an injunction to restrain defendants from selling the land, and that a decree might be rendered fixing a lien upon the land for the purchase money, and for the sale of the land to discharge complainant’s debí, and for subpoena, etc.

At chambers, December 24th, 1869, Honorable J. D. Pope, judge of the superior court, granted the injunction prayed for in the penalty of $1,000 00.

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