Bibb-Twiggs-Jones County GaArchives Court.....Et Al, Holderness August 1827
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File contributed for use in USGenWeb Archives by:
Trish Elliott-Kashima pkashima@lorettotel.net August 17, 2007, 8:05 pm

Source: Bibb County Ga Superior Court Minutes, Book 0, Page 274
Written: August 1827

Groce & Holderness
vs 
The Adms of Dawson

Bill for discovery relief and injunction

The compts had demands --- upon --- notes against defendants intestate to the
amount of twenty five hundred and sixty one dollars, thirty one cents principal.
 The estate was insolvent so that it was unknown what proportion of the assettes
these notes would be entitled to.  The defendants in his representation
character held demands against complaintants  whereupon they entered into an
agreement that four suits then pending in the Inferior Court of Twiggs at the
instance of defendant against complainants and four judgements obtained in Jones
Inferior Court against the same defendants and in favour of the same plaintiffs
 should not be proceeded on until it could be ascertained what proportion of the
assets the said notes would be entitled to.  It was further agreed that so soon
as the proportion to which said notes would be entitled could be assertained it
should be credited upon the Judgements and if any surplus it should be paid to
complainants; but in the event of this not being enough to satisfy them, they
were to be left open for the ballance and the notes were to be placed and remain
in the hands of the Administrator.  A trial at law has asscertained the
proportion to which the notes would be entitled to be nineteen and one half
percentum.  The complainants bring their bill alledging that they believe that
if the administrators were compelled to make a full and perfect marshalling of
the assets up to the present day, they would be entitled to a surplus after
satisfying the executions.  The Bill contains many specific chargges and prays a
full and complete discovery and an account according to the true intent and ----
of this agreement.  After an answer, repeated exceptions and amended answers it
appears that the charges have been answered fully.  The equity sworn off and
lastly that a motion has been made to disolve the injunction.  This motion is
met by the filing of a uplication? which contract? the truth of defendants
answer.  It is a general rule that when an Injunction has been granted upon
charges in a Bill and the defendant swears off the Equity it will be dissolved
upon the coming in of the answer.  This rule has been deviated from in some
instances, when it has appeared that full and complete Justice could not be
obtained, or when a great injustive might be suffered by a rigid adherance to
it.  **It appears that this is continued on the next page but I do not have a
copy of that page 

Additional Comments:
Transcribed from photocopy of microfilm of original record.

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