145 Ga. 95 | Ga. | 1916
(After stating the foregoing facts).
We think it is clear that the superior court of Haralson county has jurisdiction of this ease, and that the plaintiff can maintain her action there against the defendants, the Waco Mercantile Company and Robertson as the executor of M. A. McCorkle, both residing in that county, to require them to interplead as prayed in the petition, and to enjoin the suit brought by the Waco Mercantile Company in Colquitt county to recover on the notes the title to which is involved in the present case. The right to enjoin a suit in the county where it is brought, where nothing else is involved, is a defensive measure, which may be taken advantage of by the defendant. But that is different from a case where the defend
The evidence in this ease makes it doubtful or dangerous for •Mrs. Millsap to pay to the Waco Mercantile Company, the holder of the notes, the amount due thereon, or to suffer judgment to be taken against her in Colquitt county in its favor. The evidence shows that she has been put on notice by Robertson, as executor of M. A. McCorkle, that he claims title to the notes sued on in Colquitt superior court, and that if she pays the notes to the Waco Mercantile Company she will do so at her peril; and in the affidavit filed by him in the cause he testified that under the will of which he was the executor Mrs. McCorkle only acquired a life-estate in the notes in controversy. The allegations of the plaintiff’s petition and the evidence in support of them make a good cause for interpleader between the two rival claimants of the notes; and this being so, the court erred in denying the injunction. - Civil Code, § 5471. See McKinney v. Daniels, 135 Ga. 157 (68 S. E. 1095). The exception contained in the Civil Code, § 5527, to the effect that
Judgment reversed.