86 Ga. 99 | Ga. | 1890
This was a proceeding under the insolvent traders’ act of 1881. Code, §3149(a) et seq. The judge denied the application for injunction and receiver as prayed for, but granted an injunction “restraining defendants from selling or otherwise disposing of their property until the final decree on said petition, and that M. C. & J. F. Kiser shall he enjoined from reconveying or returning the title deed he holds from-Kimbrell, should their mortgage claim be satisfied out of the mortgage property, or if any balance, should they be paid that balance, but to hold Said deed subject to the final decree upon said petition.” As all the defendants are restrained from selling or otherwise disposing of their property, this order, literally taken, would include M. C. & J. F. Kiser & Co., Mrs. Jane Kimbrell and the sheriff, all of whom acknowledged service as defendants, as well as the debtors, J. H. Kimbrell, Sr. and J. D. Kimbrell, constituting the firm of J. II. Kimbrell
Judgment reversed, with direction.