188 Ga. 476 | Ga. | 1939
The exception is to the refusal of an interlocutory injunction. The petition alleged substantially the following: After the plaintiff had foreclosed a second security deed held by her upon described property, two of the defendants agreed to pay her a stated sum in settlement of her equity if she would not redeem the property from a prior security deed, and would permit these defendants to purchase the rights of the holder of such prior deed and to foreclose this deed without interference on her part. The plaintiff faithfully performed her part of the agreement, but after such foreclosure by which her equity became divested, these defendants failed and refused to pay the amount agreed upon or any part of the same. The defendants are insolvent, and their promise was not made in good faith, but was a fraudulent scheme and device to defeat the plaintiff’s claim, and was the result of conspiracy entered into by the defendants for that purpose. After the foreclosure of such prior security deed, the property was conveyed to another person to secure a loan, but the lender knew of the original fraud and conspiracjq and took the security subject to the plaintiff’s rights. This lender and another person were added as parties defendant, by amendment. The plaintiff prayed for can
Judgment affirmed.
