Supreme Court of Georgia, 1915

Moss v. Moss

Supreme Court of Georgia · Decided November 12, 1915 · Atkinson, Bech

144 Ga. 269; 86 S.E. 1082; 1915 Ga. LEXIS 164

Opinion of the Court

Atkinson, J.

1. Where an agent authorized to rent land belonging to his principal made a contract in which the rent was payable to himself, and subsequently, claiming the rent adversely to his principal? *270instituted a distress-warrant proceeding against the tenant to collect the amount thereof, the agent being insolvent, equity will entertain a suit by the principal (or, he being dead, by an administrator upon his estate) to enjoin the agent from collecting the rent.

November 12, 1915.

Equitable petition.- Before Judge Wright. Floyd. superior court. July 20, 1914.

Henry Walker, for plaintiff in error. McHenry & Porter, contra.

2. The petition was not subject to general demurrer.

Judgment affirmed.

All the Justices concur, except Bech, •/., absent.

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