163 Ga. 98 | Ga. | 1926
(After stating the foregoing facts.) "We are of the’ opinion that the court did not err, under the pleadings and the evidence in the case, in refusing an interlocutory injunction. The evidence was conflicting upon material issues; and where that is the case, the grant or refusal of an interlocutory injunction is one for the sound discretion of the trial court, and its judgment will not be reversed unless that discretion has been abused. If it be conceded in the present case that it is established beyond controversy that EL EC. Stewart bought the property in question with trust funds — funds which had been turned over to him by his wife, Mrs. Kate Stewart, the mother of Birdie Mae Stewart, and that with these funds he purchased the property and took the title in his own name, when it was his duty to have taken the title in the name of the owner of the equitable interest, Birdie Mae Stewart, nevertheless there was evidence from which the court could find that this property remained, from the time of the purchase up to the time when this suit was filed, a period of several years, in the name of EL EL Stewart. The deed of conveyance was made to him, and the court was authorized to find that no notice of the real ownership of this property was in Birdie Mae Stewart; that while the legal title was in El. EL Stewart, the equitable title was in his daughter; that it had been purchased with trust funds. It is true that petitioner submitted evidence tending to show that the agent of the Phosphate Company did have knowledge of the real state of the title. El. EL Stewart testified to this positively, and there is other evidence to corroborate his statement. But Frank E. Fleming makes positive affidavit as a part of the pleadings in this case, in which he denies that he had any intimation as to the character of the title of El. H. Stewart
Having held that the judge did not err in dissolving the injunction, the decision upon the question as to the jurisdiction of the superior court of Emanuel County is not necessary, even if it would be proper under the sole assignment of error complaining of the refusal to grant an interlocutory injunction.
Judgment affirmed.