Truitt v. American Savings Bank

166 S.E. 190, 175 Ga. 785, 1932 Ga. LEXIS 330

Opinion

Hnx, J.

Under the allegations of the petition, which áre taken as true on demurrer, the plaintiff has a lien on the property in controversy, superior to that of the defendant. He has an adequate remedy at law by levy of Ills fi. fa. on the property, regardless of whether he levies before or after the defendant does. There was therefore no jurisdiction in a court of equity to enjoin the sale of the property under the power contained in the defendant’s deed; and the court did not err in dismissing the petition on demurrer.

No. 8842. October 13, 1932.

Judgment affirmed.

All 'the Justices concur, except Athvnson, J., absent. Jones, Fuller, Bussell & Clapp and Douglas M. Orr, for plaintiff. Clarice & Clarice, for defendant.