Carolina Portland Cement Co v. Charles N. Walker Roofing Co, (No. 5376.)

• Decision Date: 14 October 1926
• Docket Number: (No. 5376.)
• Citation: 163 Ga. 33,135 S.E. 503
• Parties: CAROLINA PORTLAND CEMENT CO. et al. v. CHARLES N. WALKER ROOFING CO. et al.
• Court: Georgia Supreme Court

163 Ga. 33

135 S.E. 503

CAROLINA PORTLAND CEMENT CO. et al.

v.CHARLES N. WALKER ROOFING CO. et al.

(No. 5376.)

Supreme Court of Georgia.

Oct. 14, 1926.

Rehearing Denied Nov. 25, 1926.

(Syllabus by the Court.)

Error from Superior Court, Fulton County; John D. Humphries, Judge.

Suit by the Charles N. Walker Roofing Company and others against Carolina Portland Cement Company and others. Judgment for plaintiffs, and defendants bring error. Affirmed.

The Charles N. Walker Roofing Company filed suit against W. E. Barfield, alleging that the defendant was indebted to it in the sum of $150 for material furnished in the construction of a house built on a designated lot of land; that the defendant was insolvent and that petitioner had obtained a materialman's lien on said property to secure the amount due; that there were a number of other creditors, some of whom were named and others were unknown; that certain designated creditors held liens against the property, among them two creditors holding security deeds, to wit, the Carolina Portland Cement Company and Mrs. A. E. Richardson, and that these two had filed suits in the municipal court of Atlanta to foreclose their liens on the property; that the house was vacant, and, by reason of the fact that it encroached upon the land of an adjoining property owner, the defendant Barfield had been unable to obtain a loan or otherwise raise money with the property as security; that the defendant consented to the appointment of a receiver because it was necessary for some one to have possession and control of the property to prevent injury thereto; that the property would not bring enough under the circumstances stated to pay off all of the amounts due to creditors; that if each of the creditors sought separate remedies there would be a multiplicity of suits; further, alleging that the creditors had no adequate remedy at law, they come into a court of equity and pray that a receiver be appointed to take charge of the property; that the Carolina Portland Cement Company and Mrs. A. E. Richardson be enjoined from further prosecuting their suits in the municipal court of Atlanta; that all parties be required to come into the superior court; and that the interests of all be adjudicated in this suit. The Carolina Portland Cement Company and Mrs. Richardson filed general demurrers which were overruled, and they excepted. These defendants also excepted to the grant of the temporary injunction. No evidence was introduced, and the...