Esso Standard Oil Co. v. Moore
| Decision Date | 10 May 1955 |
| Docket Number | No. 18938,18938 |
| Parties | ESSO STANDARD OIL COMPANY v. Ruth L. MOORE et al. |
| Court | Georgia Supreme Court |
Esso Standard Oil Company, a corporation, filed its petition against M. K. Moore, Ruth L. Moore, and A. J. Ellison and wife, and in substance alleged: The Moores reside out of the State, their last known address being Shady Springs, West Virginia. The other defendants reside at a given address in Fulton County, Georgia. In January, 1947, M. K. Moore purchased described real estate in Fulton County, and in January, 1949, he secured a loan on the property in the sum of $10,700, payable in monthly instalments beginning March 1, 1949, as evidenced by a certain deed to secure debt. On the same date the loan was transferred to the Lincoln National Life Insurance Company of Fort Wayne, Indiana. From July, 1952, through February, 1953, the defendant Moore became indebted to the petitioner in the sum of $6,035.70, principal, plus interest, for oil products furnished on open account, as shown by a verified bill of particulars attached. Demand for payment has been made and refused. In January, 1953, the defendant Moore executed and delivered to Ruth L. Moore, his wife, a paper purporting to be a warranty deed conveying to her the property described. The petitioner is informed and believes that the deed was made without consideration and with the intent and purpose of hindering, delaying, and defrauding the creditors of the defendant. The greater proportion of Moore's debt to the petitioner existed at the time of the execution of the deed. The petitioner is informed and believes that Moore was indebted to the United States Government for taxes in the approximate sum of $4,230 at the time of the execution of the deed to Ruth L. Moore. The purported warranty deed is void against the creditors of Moore. Moore does not have sufficient property to respond to any judgment that the petitioner may obtain against him. Accordingly, the petitioner is entitled to have the deed set aside as a voluntary and fraudulent conveyance, and to have it delivered up and canceled. The property described is subject to the first loan deed of the life insurance company. The property is leased to Mr. and Mrs. A. J. Ellison, who are presently residing thereon. In order to protect the property, and satisfy the petitioner's claim, and the claims of others similarly situated, and to keep the loan from becoming in default, it is necessary that a receiver be appointed to collect the rents and apply them on the payment of the mortgage, to sell the property, and to hold the funds subject to the orders of the court. The petitioner has no adequate remedy at law, and brings this petition for itself and others similarly situated, and prays: (a) for process; (b) that the court order service on the defendants Moore by publication; (c) that the property of the defendant M. K. Moore be made subject to the final order of the court; (d) that the alleged deed from M. K. Moore to Ruth L. Moore be declared null and void and be canceled; (e) that some proper, discreet, and responsible person be appointed as receiver to receive the rents and sell the property, and to hold the proceeds until the further order of the court; (f) that the defendants Moore be enjoined and restrained from conveying and encumbering or changing the status of the property; (g) that the defendants Ellison be enjoined from paying further rent to the defendants Moore, and be required to deposit the monthly rental with the clerk of the court pending the appointment of the receiver; (h) that the petitioner have judgment against the defendant M. K. Moore for the sum of $6,035.70, principal, plus interest, and the petitioner's claim be declared a first lien against the property and the rents and proceeds arising therefrom; and (i) for other relief.
The court passed an order directing that service be perfected by publication on the defendants Moore; enjoining the defendants Moore from conveying, encumbering, or changing the status of the property; enjoining the defendants Ellison from paying further rent to the agents of the defendants Moore; and appointing a temporary receiver. A subsequent order was entered declaring service perfected by publication.
The general demurrers of the defendant Ruth L. Moore were sustained, the petition dismissed, and the temporary receiver discharged. The exception is to that judgment.
Noah J. Stone, Benton E. Gaines, Atlanta, for plaintiff in error.
Smith, Kilpatrick, Cody, Rogers & McClatchey, Atlanta, for defendants in error.
Syllabus Opinion by the Court.
1. ' The courts of this State have no extraterritorial jurisdiction, and cannot make the citizens of foreign States amenable to their process, or conclude them by a judgment in personam, without their consent.' Dearing v. Bank of...
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Sternbergh v. McClure, 21325
...in personam and was properly brought in the county of his residence though the land was in another county. See also Esso Standard Oil Co. v. Moore, 211 Ga. 687, 87 S.E.2d 854. 'Generally, the proper venue of an equity action for the establishment, dissolution and settlement of the partnersh......
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Davis v. Haupt Bros. Gas Co.
...states amenable to their process, or conclude them by a judgment in personam, without their consent. (Cits.)' Esso Standard Oil Co. v. Moore, 211 Ga. 687, 87 S.E.2d 854. Judgment BELL, C.J., and QUILLIAN, J., concur. ...