174 Ga. 886 | Ga. | 1932
Mrs. Amanda White by her next friend, Mrs. Ethel Hestley, brought an equitable petition for injunction, cancellation of deeds, etc., against M. T. Malone, E. O. Thompson, and J. M. George as marshal, alleging that in January, 1930, she was induced by fraud, and on account of her old age and enfeebled physical condition, to execute a warranty deed to E. O. Thompson to described realty; that the deed was without consideration; that she was men
Malone filed an answer denying the material allegations of the petition, and averring that he made the loan to Thompson, secured by a deed to the property,- relying on the official records as to the title to the land. Malone also filed an ancillary petition reciting that he had obtained a judgment against Thompson, and had levied on the property and was undertaking to sell the same when the plaintiff filed her petition for injunction, etc.; that he has a right under his loan deed to have the property sold and obtain the rents and profits arising from the property; that Mrs. Amanda White is interposing a claim to the land and holding possession thereof fraudulently and illegally upon the ground that she was insane at the time of conveying the property to Thompson; that the value for rent of the property is $35 per month; and that Mrs. White is insolvent and is unable to respond in damages for her alleged claim. He prays that a receiver be appointed to take charge of the property, rent it, and keep up the insurance, for the benefit of the true owner. The court, after hearing evidence, appointed a permanent receiver for the property. To that judgment the plaintiff excepted.
The single exception in the present case is to the appointment of a receiver. The court had enjoined the defendant in error from proceeding with his execution and the sale of the land in controversy. The defendant filed, in addition to his answer to the petition for injunction and cancellation, an ancillary petition in which he alleged that the value of the property per month for rent would amount to $35, but that Mrs. Amanda White, who interposed this
As stated above, there is no allegation iir the ancillary petition of the defendant alleging that the land conveyed to the defendant would not bring at judicial sale an amount sufficient to pay off plaintiff’s judgment and expenses of sale; and therefore the court erred in appointing a receiver.
Judgment reversed.