Jordan v. Beal
| Decision Date | 31 January 1874 |
| Parties | Leonidas A. Jordan, administrator, plaintiff in error. v. George C. Beal et al., defendants in error. |
| Court | Georgia Supreme Court |
Equity. Receiver. Vendor and purchaser. Before Judge Bartlett. Baldwin county. At Chambers. December 20, 1873.
Leonidas A. Jordan, as administrator upon the estate of Ben-jamin S. Jordan, filed his bill against George C. Beal and Nathan H. Beal, making, in substance, the following case:
On December 1st, 1869, complainant executed to the defendants a bond for titles to a plantation in Baldwin county, *conditioned upon the payment of their two notes, each for $3,500 00, bearing interest from date, and due on April 1st, 1871, and April 1st, 1872, respectively, said notes being for the entire purchase money of the property. Immediate possession was given to the defendants, and they have since enjoyed said property and its profits, of the yearly value of $600 The purchase money was long past due and unpaid except $600 00. The defendants were insolvent, and had no well-founded expectation of ever paying for the property, but were only trying to use and enjoy it as long as possible. The plantation, if sold, would not bring the principal and already accrued interest due on the notes. Complainant was informed that they were committing waste by cutting off the wood and shade trees around the dwelling. He had demanded possession, which had been refused. He had taken out a warrant to dispossess them, to which George C. Beal had filed a counter-affidavit, setting up that he did, in good faith, claim a legal right to the possession of the premises, which affidavit complainant alleged to be untrue.
Prayer for the rescission of the contract, account as to the rents, an injunction against the waste, the appointment of a receiver, and for general relief.
A temporary injunction against the waste and an order to show cause, were granted.
Defendant, George C. Beal, filed an answer, admitting the contract to be as stated in the bill, and that he had only paid the amount there set forth. He set up that he had greatly improved the property; that it was not worth for rent as much as stated in the bill, and had previously been rented for the amount of the taxes upon it. He denied committing any waste, but said he was only clearing some fifteen acres of fresh land, which was beneficial to the place, and had only thinned out the trees around the house, which was also an improvement; he was working hard to pay for the property, but could not expect to do so if it was taken out of his hands...
To continue reading
Request your trial
-
Dunn v. McCoy
... ... except for fraud, mistake, etc. Mo. Hist. Soc. v ... Academy, 94 Mo. 459; Ames v. Scudder, 83 Mo ... 189; s. c., 11 Mo.App. 168; Jordan v. Beal, 51 Ga ... 602. (3) If the contract is not illegal, and the parties were ... competent, and there was no fraud, mistake or duress, the ... ...
-
Wheeler v. Layman Foundation
...in order to protect the rights of the plaintiff that such injunction be granted. Cf. Dixon v. Tucker, 167 Ga. 783, 146 S.E. 736; Jordan v. Beall, 51 Ga. 602; Tufts Little, 56 Ga. 139; Atlas Savings & Loan Association v. Kirklin, 110 Ga. 572, 35 S.E. 772; Vizard v. Moody, 117 Ga. 67, 43 S.E.......
-
National Casket Co. of Ga. v. Clark
...plus her "admitted" insolvency would not afford ground for the appointment of a receiver, but additional facts would be necessary. Jordan v. Beal, 51 Ga. 602; v. Farnum, 56 Ga. 144; Spence v. Solomons Co., 129 Ga. 31, 58 S.E. 463; Atlanta & Carolina R. Co. v. Carolina Portland Cement Co., 1......
-
Addison v. McEntire
...and tear, the petition failed to allege a cause of action for the relief sought, and the general demurrer was properly sustained. Jordan v. Beal, 51 Ga. 602; Williams Stewart, 56 Ga. 663(3); Tumlin v. Vanhorn, 77 Ga. 315, 3 S.E. 264; Rosenberg v. Wilson, 160 Ga. 399, 128 S.E. 178; Goff v. N......