Hines v. Munnerlyn

• Decision Date: 31 July 1876
• Citation: 57 Ga. 33
• Parties: Richard K. Hines et al, plaintiffs in error. v. Charles J Munnerlyn et al., defendants in error.
• Court: Georgia Supreme Court

57 Ga. 33

Richard K. Hines et al, plaintiffs in error. v. Charles J Munnerlyn et al., defendants in error.

Supreme Court of the State of Georgia

(Atlanta, July Term, 1876.)

Equity. Injunction. Partition. Tenants in common. Mortgages. Liens. Before Judge Wright. Decatur Superior Court. May Term, 187 6.

*Reported in the decision.

J. C. Rutherford; W. O. Fleming, for plaintiffs in error.

R. F. Lyon; D. A. Russell; O. G. Gurley, for defendants.

WARNER, Chief Justice.

The complainants filed their bill against the defendants praying for a partition of certain described property therein mentioned, between them and the defendant, Munnerlyn, as tenants in common, and to enjoin the defendant, Arnett, from selling any part of said property, as mortgagee of Munnerlyn, by virtue of a fi. fa. issued on the foreclosure of his mortgagee. On the trial of the injunction bill, the jury, under the charge of the court, found the following verdict: "We, the jury, find and decree that the complainants are entitled to one half interest in the real estate as owned by Mrs. Hannah Munnerlyn and C. J. Munnerlyn, at the time of Mrs. Hannah Munnerlyn's death, to-wit: the following lots and fractional lots of land: three hundred and forty-nine, three hundred and forty-eight, three hundred and fifty-two, three hundred and sixty-four, three hundred and sixty-three, three hundred and eighty-eight, three hundred and eighty-seven, three hundred and eighty-six and three hundred and eighty-five, in the twentieth district; also two hundred and fifty eight, two hundred and fifty seven, two hundred and fifty-six, two hundred and fifty-five, two hundred and fifty-nine, two hundred and sixty, and two hundred and sixty-one, in the twenty first district; also that the complainants are entitled to all the rents, profits and issues received from the aforesaid interest, as managed by C. J. Munnerlyn, before the time of Mrs. Munnerlyn\'s death, to the date of the mortgage given to F. G. Arnett, with interest included, amounting to $6,712 00 We further find and decree that one half the land mentioned in the large mortgage, to-wit: lots and parts thereof, three hundred and forty-*nine, three hundred and forty-eight, three hundred and fifty-two, three hundred and sixty-four, three hundred and sixty three, three hundred and eighty-eight, three hundred and eighty-seven, three hundred and eighty-six, and three hundred and eighty five, in the twentieth district; also two hundred and fifty-eight, two hundred and fifty-nine, two hundred and fifty-six, two hundred and fifty-five, two hundred and fifty-nine, two hundred and sixty and two hundred and sixty-one, in the twenty-first district, and all the land mentioned in the small mortgage, to-wit: two hundred and sixty-two, two hundred and sixty three and two hundred and sixty four, in the twenty-first district, (except one hundred and sixty-seven acres of lot two hundred and sixty four, relinquished by F. G. Arnett,) was conveyed to F. G. Arnett by mortgage, to satisfy a certain promissory note against Munnerlyn, principal of the above note, $9,250 00, with interest added, amounts to $9,91031. We further find and decree that the mortgage held by F. G. Arnett, has precedence to the indebtedness of C. J. Munnerlyn to the complainants." The complainants made a motion for a new trial, on the several...