183 Ga. 172 | Ga. | 1936
Millen Hotel Company, a corporation having its principal office and place of business in Jenkins County, Georgia, brought its petition against Mrs. Estelle P. Daniel, of Jenkins County, Miss Lillian Chastaine, as guardian of E. W. Hulse in and John C. Hulse, of Richmond County, and against E. W. Hulse hi individually, of Richmond County, alleging that Mrs. Estelle P. Daniel, the owner of certain described property, being indebted to petitioner in the sum of $21,778 principal, evidenced by her promissory note payable April 16, 1923, executed and delivered to petitioner, on January 16, 1923, for the purpose of securing this indebtedness, her deed conveying several tracts of land, among which were the two tracts of land described; that this security deed was made subject to a prior security deed given by her to S. C. Parker and Joe P. Applewhite on or about May 20, 1921, to secure an indebtedness of $5000; and that this former security deed was subsequently transferred by Parker and Applewhite to E. E. Daniel, and by E. E. Daniel to Miss Lillian Chastaine, as guardian of E. W. Hulse hi and John C. Hulse (the property conveyed by the last-mentioned security deed being described); that Lillian Chastaine, as guardian of E. W. Hulse iii and John C. Hulse, and E. W. Hulse hi individually (he having attained his majority) are now advertising the described property for sale under the power of sale contained in said security deed, and unless restrained by the court they will proceed with the sale, to the irreparable damage of petitioner; that the property which the defendants are advertising for sale is worth on a conservative basis at least $15,000, several thousand dollars in excess of the amount due
The petition closes with prayers for injunction, and that Mrs. Estelle P. Daniel be required “to come into court and set up all the facts by interpleader with respect to the above-mentioned tax executions and the respective properties heretofore sold, so that the pro rata amount lawfully chargeable against the two pieces of property involved in this action may be determined.” There were general prayers for relief and for process. The petition was demurred
It is alleged in the petition that Miss Chastaine as guardian has paid off certain tax claims against the property and other property of Mrs. Estelle Daniel, and has.had the tax ii. fas. transferred to her, “which should have been prorated against all the several tracts of land on which the taxes were assessed, but that she is seeking to
Judgment affirmed.