109 Ga. 597 | Ga. | 1900
The facts of this case, briefly stated, are as follows : Moodybrought four actions of ejectment against four different defendants, the suit against each being for certain lands not involved in the other suits. Pending these suits Moody sold his interest to the Suwannee Turpentine Company. Mobley, one of the defendants, bought, pending the suits, the interests of the other defendants. He and the turpentine company then entered into a written agreement compromising the suits. The company was to pay Mobley $600, being then “ permitted to take judgment . . for all the lots of land described
. The defendants, answering the petition, denied that the turpentine company was made a party to the ejectment suits by the entry of the agreement between it and Mobley upon the minutes of the court. They alleged that they and the attorney for the turpentine company understood the agreement differently from the plaintiffs, and that the judgments were therefore entered up in favor of the original plaintiff. With these exceptions, most of the material allegations of the plaintiffs were admitted.
This case, between the same parties, has once before been here, and is reported in 106 Ga. 180. It came then from Echols county, wherein the petition was filed and the injunction sought, and the court held in substance that the judgment appeared on its face to be regular and legal, and must be attacked in the court in which it was rendered. The suit was then filed in the proper court, and comes to this court on exceptions to the refusal of the trial judge to grant the injunction prayed.
Judgment affirmed.