Crockett v. Wilson

• Decision Date: 18 June 1937
• Docket Number: 11819.
• Citation: 192 S.E. 19,184 Ga. 539
• Parties: CROCKETT et al. v. WILSON.
• Court: Georgia Supreme Court

192 S.E. 19

184 Ga. 539

CROCKETT et al. v. WILSON.

No. 11819.

Supreme Court of Georgia

June 18, 1937

Error from Superior Court, Laurens County; J. L. Kent, Judge.

Suit by C. C. Crockett against W. C. Wilson, wherein defendant filed an answer in the nature of a cross-petition against plaintiff and Mrs. Rosa B. Brantley, who was made a party. To review an adverse judgment, Crockett and Mrs. Brantley bring error.

Affirmed.

Syllabus by the Court.

1. 'Large discretion is vested in the chancellor in granting injunctions and appointing receivers; and unless some principle of substantial equity has been violated, this court will not control his discretion unless clearly abused.'

2. 'When the vendee of property is insolvent and is receiving the rents and profits, * * * a receiver will be appointed to take charge of the property, and to hold the proceeds thereof until final decree.'

3. Under the sworn pleadings and the evidence in this case, the judge did not abuse his discretion in appointing a receiver to take charge of the property and to collect and impound the rents until the case could be heard on its merits.

C. C Crockett, W. W. Larsen, and L. F. Watson, all of Dublin, for plaintiffs in error.

Adams & Nelson and Carl K. Nelson, all of Dublin, for defendant in error.

HUTCHESON Justice.

Crockett purchased a tract of land from Wilson in 1923, made a cash payment, executed a series of purchase-money notes, and went into possession of the land under a bond for title. Some payments were made on the notes over a period of ten years but Crockett defaulted on two notes for the principal sums of $1,000 and $6,000 due January 1, 1927, and January 1, 1928 respectively. He also failed to pay the taxes for the years 1935 and 1936, in the sum of $376.75. In 1936 Wilson brought suit in the city court of Dublin, praying for judgment on the notes and for a special judgment against the land. The defendant filed an answer to this suit, and the plaintiff filed a demurrer to the answer, and filed two amendments to his petition. In 1937 Crockett filed in the superior court of Laurens county a petition praying for injunction against the city court suit, and that the case be transferred to the superior court in order that he might obtain eqitable relief. He alleged that in 1935 he and Wilson entered into an agreement whereby Crockett was to pay $250 cash and execute a note for $8,000, due five years afterward that Crockett was to execute to Wilson a security deed with power of sale; that Crockett paid to Wilson $100, and later paid him $50; that Crockett then procured a purchaser for the land for $9,945, $8,000 of which was to represent the balance of the purchase price which Crockett owed to Wilson under the alleged new agreement, which was in parol, and Crockett was to pay the balance of the cash sum owing to Wilson; and that Wilson refused to carry out this agreement, and retained the $150 cash payment, stating that he would apply it on the notes due by Crockett to Wilson. Crockett prayed that this agreement be specifically performed.

Wilson filed an answer in the nature of a cross-petition, in which it is averred that the agreement pleaded by Crockett was in parol, has not been performed in any particular, and was not to be performed within a year; that although Crockett has owed him $7,000 principal since 1923, he has failed and refused to pay any part of the principal, and during the past ten years he has paid only $1,079.82 on the debt, or an average of $108 per year or about 1 1/2 per cent. interest although the notes bear interest at the rate of 8 per cent.; that Crockett has been in possession of the land since 1923, farming, and receiving the rents and profits therefrom, but has not paid the taxes thereon for 1935 and 1936; that the annual rental value of the land is from $700 to $1,000; that Crockett has refused to turn over the land to Wilson, and refuses to pay rent, although demand has been made therefor repeatedly; that at each succeeding term of the city court Crockett has had the pending case continued, and has refused to let the case come up for trial; that in 1936 Crockett entered with L. M. Barron and T. D. Barron into a contract whereby he agreed to sell them the land for $9,945, and delivered to them possession of the land; that $9,945 was less than the sum due to Wilson by Crockett, and the sale was made without the knowledge or consent of Wilson. Being unable to make title to the Barrons, Crockett rented the land to the Barrons for the year 1936 for $700, which sum Crockett appropriated to his own use. Crockett also procured from the Barrons a rent note for the land for 1937, which note was transferred to Mrs. Rosa B, Brantley. Wilson alleges that this was done fraudulently and to prevent him from securing the same; that the entire scheme to rent the land to the Barrons for the year 1937 and to transfer and assign the rent note to Mrs. Brantley is a 'wholly fictitious, bogus, and non vona fide transaction, and is a part of the scheme and conspiracy on the part of Crockett and Mrs. Brantley to defraud Wilson out of the 1937 rents and profits of said place and to defeat his rights in the premises'; that Crockett is hopelessly insolvent and unable to respond in damages; that Mr. Brantley has paid no money and parted with nothing of value in consideration of the transfer and assignment of the rent note to...