112 Ga. 737 | Ga. | 1901
By referring to 111 Ga. 200, it will be seen that Campbell brought an action of hail-trover against Morgan in the city court of Atlanta, which resulted favorably to the latter, and that Campbell brought the case here and obtained a reversal of the judgment of the trial court. After the judgment of this court was made the judgment of the court below, Bush filed against Campbell, in the superior court of Fulton county, an equitable petition in which was set forth a detailed history of the litigation between Campbell and Morgan. In addition thereto, the petition of Bush alleged, in substance, the following facts: When the bail-trover suit was instituted, Bush signed the bail-bond as a surety. He was at that time really the owner of the property, and felt that in signing the bond he was incurring no liability but simply taking a proper step to defend his own property. He held it under a bill of sale from Morgan, which (for reasons stated) was entitled to priority over the bill of sale held by Campbell; so that really, as against Campbell, petitioner had a good title to the property in dispute. The Supreme Court having decided that Morgan could not defend Campbell’s action on the ground of petitioner’s outstanding title, and also that Morgan could not, as against Campbell, set up the defense of
We are clearly of tbe opinion tbat, for tbe reason given in tbe demurrer, tbe plaintiffs petition was without equity or merit. Tbe case turns upon an appbcation of tbe simple rule tbat wben one makes a vabd and binding contract, be must abide by its terms, unless be shows some sufficient reason for not being compelled to do so. By signing tbe bail-trover bond, Bush voluntarily con
Judgment reversed.