108 Ga. 103 | Ga. | 1899
Mercer brought an equitable petition in the superior. court, of Jasper county, against Hill, administrator of W. O. Campbell, and Braxton and Carden Goolsby, of Jasper county, and Sarah Campbell of Putnam county, making the following case: OneW. O. Campbell was assassinated and murdered in Jasper county, in July, 1896. After the homicide, the Governor offered a reward of one hundred and fifty dollars for the arrest with evidence sufficient to convict the perpetrators. J. M. Campbell, who was the executor of the murdered man, offered an additional reward of five hundred dollars, to be paid out of the estate of the deceased, for the arrest with sufficient evidence to convict the perpetrators. Petitioner and B. and C. Goolsby jointly undertook to detect and bring to justice the assassins of W. C. Campbell. Petitioner also procured
“ Georgia, Jasper county. July 29th, 1896. I hereby guarantee the payment of the five hundred dollars reward as offered by J. M. Campbell in the Jasper County News of July, 23rd, 1896, for the arrest with evidence to convict the person or persons who shot and killed W. C. Campbell, of said State and county, on the afternoon of July 1st, 1896. her
Sarah x Campbell.
“Signed in presence of mark.
W. H. Henderson. L. A. Mercer, N. P. & Ex Off. J. P.” ■ Sarah Campbell delivered said paper to the petitioner, who retained it in his possession. Campbell resigned as executor, and Hill was appointed administrator'vde bonis noifi/of the estate of W. C. Campbell. Petitioner and B. and C. Goolsby caused J. M. Campbell to be arrested for the naurder, and prosecuted him. At the September term, 1896, of Jasper superior court, Campbell was tried and convicted of the murder of W. C. Campbell. Petitioner furnished the evidence which caused a conviction. Petitioner and B. and C. Goolsby worked together in causing the arrest of Campbell and securing the evidence which convicted him. Campbell is now undergoing sentence of the court for the homicide. B. and C. Goolsby have collected of the Governor the one hundred and fifty dollars reward and appropriated it to their own use, and deny that petitioner has any interest in it. They have also procured from Sarah Campbell an order on the administrator of W. C. Campbell, directinghim to pay them the amount of the reward. He prays that B. and C. Goolsby interplead with him and account to him for his share of the reward paid by the Governor; that Hill be restrained from paying the reward to Goolsby. Subsequently, by an amendment, plaintiff alleged that Sarah Campbell had instructed the administrator not to pay her order of five hundred dollars, and she refuses to pay the same. Petitioner prayed a judgment in favor of himself and the said B. and C. Goolsby against Sarah Campbell, for the sum of five hundred dollars with interest.
B. and C. Goolsby answered, admitting the allegations in
Affirmed.