Roberts v. Mullinder
| Decision Date | 16 April 1894 |
| Citation | 20 S.E. 350,94 Ga. 493 |
| Parties | ROBERTS. v. MULLINDER. |
| Court | Georgia Supreme Court |
Receivers—Appointment—Parol Gift—Title.
According to Hughes v. Clark, 67 Ga. 19, and Howell v. Ellsberry, 5 S. E. 96, 79 Ga. 475, the plaintiff in error had no title, by reason merely of a parol gift of the land, and the making of valuable improvements thereon, which she could assert in a claim case; and it not appearing that her possession was adverse to the donor for 20 years, but the evidence showing that he was in possession within that period, and exercised acts of ownership, such as conveying the land as security for his debt, there was no abuse of discretion in appointing a receiver to secure and preserve the rents and profits of the land pending the claim case; the claimant having interposed her claim upon an affidavit in forma pauperis, without giving bond and security, and the value of the premises being probably insufficient to produce at sheriff's sale a fund large enough to pay off the judgment founded on the debt to secure which the land was conveyed to the creditor by the defendant in the execution levied thereon to enforce the security deed.
(Syllabus by the Court.)
Error from superior court, Talbot county; W. B. Butt, Judge.
Action by Margaret Mullinder against M. E. Roberts for an injunction, and for the appointment of a receiver. From the judgment, defendant brings error. Affirmed.
The following is the official report:
This was a petition for injunction and receiver. The following appears from the record: February 1, 1887, plaintiff made a loan to J. M. Smith, of Meriwether county, and to secure the same took his deed to 235 acres of land in Talbot county. February 22, 1893, plaintiff obtained, in Meriwether superior court, a general verdict and judgment for $500 principal, $172.40 interest, $67.24 attorney's fees, and costs. April 13, 1893, plaintiff filed for record in the office of the clerk of Talbot superior court a deed conveying the land to Smith, and the same was levied on two weeks afterwards, by virtue of the execution which issued from the judgment, "as the property of James M. Smith, the defendant, and found in possession of defendant" Thereupon, Mrs. Roberts interposed her claim to the land, in forma pauperis. Smith died in July, 1893, and in the next October the plaintiff brought a petition for injunction, and for a receiver to take charge of and hold the rents and profits of the land, alleging that the claim was interposed, not in good...
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Sikes v. Seckinger, (No. 5526.)
...it. It looks to what has been done for another, not to what one has done for himself by inducement of another." In Roberts v. Mullinder, 94 Ga. 493, 20 S. E. 350, this court held that a stepgranddaughter had no title by reason merely of a parol gift of the land to her by her stepgrandfather......
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Price v. Lloyd
... ... Harrison , 36 W.Va. 556, 15 ... S.E. 87; Wooldridge v. Hancock , supra; Lightner ... v. Lightner (Va.), 23 S.E. 301; Roberts v ... Mullinder , 94 Ga. 493, 20 S.E. 350.) ... Upon a ... careful consideration of the whole case we think the evidence ... is ... ...
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Smith v. Zachry
...pending the exception to the judgment on the last affidavit of illegality. Hart v. Respess, 89 Ga. 87, 14 S. E. 910; Roberts v. Mullinder, 94 Ga. 493, 20 S. E. 350; Dawson v. Equitable Mortgage Co., 109 Ga. 389, 34 S. E. 668; Powell v. Achey, 87 Ga 8, 13 S. E. 108. Judgment affirmed. All th......
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Smith v. Zachry
...rents pending the exception to the judgment on the last affidavit of illegality. Hart v. Respess, 89 Ga. 87, 14 S.E. 910; Roberts v. Mullinder, 94 Ga. 493, 20 S.E. 350; Dawson v. Equitable Mortgage Co., 109 Ga. 389, S.E. 668; Powell v. Achey, 87 Ga. 8, 13 S.E. 108. Judgment affirmed. All th......