Lawson v. Virgin

When it is admitted that a debtor is utterly, hopelessly and irretrievably insolvent, and that the only means of obtaining payment is by the appropriation of his interest in a deceased ancestor’s estate, and that this remedy will be unavailing, unless the administrator is enjoined from settling with the debtor and paying over to him his distributee share: Chancery will interfere and grant an injunction, notwithstanding no judgment at law has been established.

In Equity. Decision by Judge Allen, at November Term, 1856, of Bibb Superior Court. This bill was filed by J. A. & S. S. Virgin, complainants, against Robert Martin, and John F. Lawson, administrator debonis non, of John Martin, deceased, and administrator of Eliza A. Martin. Complainants allege that said Robert Martin is indebted to them one hundred and ninety-five dollars, besides interest, upon a promissory note; that he is wholly and utterly insolvent, and has no visible tangible estate, real or personal; and, (by an amendment,) that they haVe instituted suit at law upon said note, now pending in Bibb Superior Court, the county in which Robert Martin resides. That said Robert is entitled to an estáte or interest in the hands-of John F. Lawson, of the county of Burke, as administrator aforesaid, due and coming to him as heir at law or distributee of said John Martin and Eliza A. Martin, more than sufficient to pay complainants’ demand. The hill prays for an account against said John F. Lawson, administrator as aforesaid; that he be enjoined and restrained from paying- said distributive share to said Robert; and. that he be decreed by this Court to pay the same, or as much thereof as is necessary, to the discharge and satisfaction of complainants’ demand against said Robert Martin. Defendant, John F. Lawson, demurred to this hill for wanf of equity, and because the facts stated therein furnish no grounds for the interposition of a Court of Equity. After hearing argument, the Court overruled the demurrer and ordered defendant to plead or answer ; to which ruling and decision, defendant, Lawson, excepts and assigns error thereon.