94 Ga. 493 | Ga. | 1894
February 1, 1887, plaintiff made a loan to J. M. Smith of Meriwether county, and to secure the same took his deed to 235 acres of land in Talbot county. February 22, 1893, plaintiff' obtained in Meriwether superior-court a general verdict and judgment for $500 principal, $172.40 interest, $67.24 attorney’s fees, and costs. April 13, 1893, plaintiff' filed for record in the office of the clerk of Talbot superior court a deed conveying the land to Smith; and the same was levied on, two weeks afterwards, by virtue of the execution which issued from the judgment, “as the property of James M. Smith the defendant, and found in possession of defendant.” Thereupon Mrs. Roberts interposed-her claim to the land, in forma pauperis. Smith died in July, 1893, and in the next October the plaintiff' brought a petition for injunction, and for a receiver to take charge of and hold the rents and profits of the land; alleging that the claim was interposed not in good faith but for delay, and for the pui’pose of hindering and delaying the collection of the judgment, and to enable Mrs. Roberts to cultivate, rent and use the land for her own benefit; that she has no legal or equitable interest in the land, and is insolvent; and that the land is poor, badly worn, and not worth over $700, and is decreasing in value, and the improve-