| Ga. | Jul 13, 1915
1. In an action of complaint for land the defendant pleaded an equitable defense. On a former trial the court adjudged that the plaintiff recover the premises, provided the defendant failed to pay to the plaintiff a stated amount with interest. On review that judgment was reversed, because of error in the allowance of interest. Adams v. Foster, 141 Ga. 438 (81 S.E. 201" date_filed="1914-03-11" court="Ga." case_name="Cottle v. Wilkes">81 S. E. 201). By consent, the case was retried, on the same record, by the court without a jury. The judgment is in accord with the ruling formerly made in the case, and is supported by the evidence.
2. An auxiliary petition was filed, for the appointment of a receiver to protect the property and impound the rents, on the ground of the defendant’s insolvency and the insufficiency of the property to discharge the balance due on the purchase-price. There was no abuse of discretion in making such appointment.
Judgment affirmed.