Watkins v. Lawton

Decision Date07 November 1882
Citation69 Ga. 671
PartiesWATKINS et al. v. LAWTON et al.
CourtGeorgia Supreme Court

September Term, 1882.

1. A judgment is conclusive as to all matters put in issue, or which, under the rules of law, might have been put in issue in a former suit between the same parties concerning the same subject-matter in a court of competent jurisdiction.

2. Where a decree in equity has been brought to the Supreme Court, and the judgment below has been affirmed, a bill of review will not lie to reverse such judgment for errors apparent on the face of the record.

3. Where one, for himself and as next of kin of certain minors and to protect their interests, filed a bill in equity, to which a cross-bill was filed, the entire matter litigated and a decree rendered, in the absence of all allegation or proof of fraud, the minors would be bound thereby, and persons acquiring rights thereunder would be protected, though no formal order appears appointing the complainant as guardian ad litem for the minors.

( a. ) Especially is this the case where the money borrowed, for which a decree was had against the trust estate of which the minors were benbenciaries, was used to pay taxes on the trust property and for the benefit of the trust estate.

Judgments. Minors. Practice in Superior Court. Equity. Before Judge SIMMONS. Bibb County. At Chambers. June 9, 1882.

Reported in the decision.

H. F STROHECKER; BACON & RUTHERFORD, for plaintiffs in error.

W DESSAU; T. WILLINGHAM; J. L. LAWTON, for defendants.

SPEER Justice.

R. F. Lawton, as transferee of G. M. Taylor, caused a certain fi. fa., which Taylor had issued in his favor against Charles T. Holmes, trustee, to be levied upon certain real estate in the city of Macon, said property being held by Holmes as trustee for Mrs. E. A. Watkins and G. A. Holmes, wife of Charles T. Holmes, and her minor children, whereupon Mrs. Watkins, in her own right, and J. A. Edwards, as next friend of G. A. Holmes, and her minor children, filed their bill to enjoin said fi. fa., alleging that said property was held by said Holmes in trust for said E. A. Watkins and G. A. Holmes for and during their lives, and remainder in fee to the children of said G. A. Holmes; that Holmes had applied in vacation, at chambers, to the judge of the superior court for an order authorizing him, as trustee, to mortgage and encumber said trust estate to secure a note given to said G. M. Taylor; that the order was granted as prayed for, and said trustee made and delivered to said Taylor a warranty deed to said property to secure said note, the same being for a loan of twelve hundred and fifty dollars, and took from said Taylor a bond for titles. When said loan became due, the trustee applied for and obtained a second order in vacation authorizing said trustee to execute deeds or mortgages to a certain building and loan association to secure a loan for the payment of the first loan; whereupon the trustee executed and delivered to Taylor a new note, and to secure the same made a deed under the act of 1871, with power of sale,— the former bond and deed being cancelled; Taylor had caused execution to be issued against Holmes, as trustee, and had made a quit-claim deed to Holmes, as trustee, to said property, and that the fi. fa. now controlled by Lawton was the same fi. fa. issued in favor of Taylor. It was further alleged that the order passed by the chancellor in vacation was illegal and void, authorizing the execution of said mortgage; that the notes, mortgage, etc., executed under the same were illegal and void, and no charge or lien on said real estate held by the trustee; and it was prayed that said fi. fa. might be enjoined.

In answer to said bill, the respondent filed a plea in bar setting up and exhibiting thereto the record of a certain equity...

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