Supreme Court of Georgia June 15, 1858 (Rutherford v. Jones)

By the Court.

Lumpkin J.

delivering the opinion.

We are clear, that so far as the defendant Cleghorn admitted by his answer, a balance of money in his hands belonging to the estate of McDougald, that the Court should have ordered the same to be paid into Court without waiting for a final decree, 1 Smith’s Chancery Prac. 2d American, from 2d London Edition, p. 667 , 6 Ves, 738; 8 Ves. 68, 3 Bro, C.