59 Ga. 397 | Ga. | 1877
In 1875, one of the members of a firm, being indebted to the partnership, conveyed to the firm certain real estate. He then gave his note, payable to the firm, one day after date, for the same amount as his previous indebtedness, but purporting on the face of the instrument to be for the purchase money of this property. The firm, at the same time, gave him a bond for titles, the bond reciting a contract to convey on the payment of the note, and being conditioned accordingly. In 1877, the wife of this partner applied for homestead in one undivided half of the premises. Pending the application, the co-partner filed his bill, and prayed, among other things, for injunction to restrain the setting apart of homestead, on the ground that the partnership was deeply in debt, that none of the note had been paid, that the maker was insolvent, that the firm assets were insufficient to discharge the partnership liabilities, that these liabilities were being pressed by creditors, that the complainant’s individual means had, to some extent, been already applied to the satisfaction of firm debts, and were in danger of being
Most of the learned and able argument made before us by the counsel for the complainant, will have its application at a later stage of the case, but under the view we take of the matter, is premature whilst the point for decision is only the granting or refusing of an ad interim injunction. He cited Code, §§ 1903, 3177; Story on Part., §§ 172, 173, 174, 232, 233, 218, 221, 222, 212, 224, 229, 478, 479, 329, 332; 10 Barbour, 447; 2 La. An., 87; 23 Ala., 524; High on Inj., §§ 810, 816; Story on Part., § 349; Ib., § 97, note; Ib.,
Counsel for defendants cited Code, § 1954; 34 Ga., 279; 9 Ib., 156; 1 Ib., 193 ; 26 Ib., 202; 10 Ib., 66; 47 Ib., 59; 4 Kent. Com., 141; 5 Mass., 109; 8 Ib., 159 ; 5 Binney, 499; 2 Cowen, 246; 1 Wash. R., 125; 9 Wheat., 489; 5 Gill & Johns., 75; 49 Ga., 589; 39 Ib., 386; Code, § 2002 ; 47 Ga., 229 ; 19 Ib., 14; 53 Ib., 485; West vs. Bennett, this term.
Judgment affirmed.