141 Ga. 564 | Ga. | 1914
Gaines sold certain land to Odum and another, delivering possession and giving them bond for title, they executing to him a series of promissory notes maturing at different times, for the purchase-price. The note first maturing not having been paid, Gaines entered suit thereon, and Odum demurred to the petition. The demurrer was overruled, and a judgment was rendered for the plaintiff, who subsequently brought an action against Odum and his eopurehaser, for an injunction and receivership. An injunction was granted and a receiver appointed to take charge of the land and the crops thereon which had been made by Odum. The crops were sold by the receiver, and the net proceeds thereof were held for distribution by the eourt. Certain parties were allowed to intervene, who held mortgages on the crops, executed by Odum and duly recorded prior to the rendition of the judgment in favor of Gaines — the indebtedness secured .by such mortgages not maturing until after the institution of the last action by Gaines. Subsequently there was a settlement between Gaines and Odum, under the terms, of which the judgment in favor of the former should be canceled, the remaining purchase-money notes delivered to Odum, who was to return
Judgment affirmed.
