Cunningham v. Morris
Supreme Court of Georgia
Trespass, in Floyd Superior Court. Tried before Judge Trippe, December Term, 1855. This was an action of trespass quare clausum fregit, brought by Cunningham against Morris. Plaintiff, in making out his title to the land, offered in evidence a deed by B. T. Bethune to himself, made in Walker County, and attested by W. H. Battey and by W. H. Mitchell, signing himself “Notary Public, B. C.” The deed was recorded in Walker County.
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Trespass, in Floyd Superior Court. Tried before Judge Trippe, December Term, 1855. This was an action of trespass quare clausum fregit, brought by Cunningham against Morris. Plaintiff, in making out his title to the land, offered in evidence a deed by B. T. Bethune to himself, made in Walker County, and attested by W. H. Battey and by W. H. Mitchell, signing himself “Notary Public, B. C.” The deed was recorded in Walker County. Defendant objected to its being read without proof of its execution, and introduced A. B. Ross, who testified that the signature of the witness, Mitchell, was the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The defendant in ejectment having confessed judgment; to the plaintiff for the premises in dispute and costs of suit,. “but nothing for rents or mesne profits,” can the plaintiff,, in an action quare clausum fregit, go behind this judgment and recover damages 'for the asportation of timber cut on the land ?
Notwithstanding the cases in 1 Harris Johnson, 408, and 2 Haywood, 881, seemingly to the contrary, we take it to be well settled, that as the action for mesne profits is an ■action of trespass vi et armis, the Jury are not confined ini…
2Cases cited1 opinion
- Morgan v. VarickNew York Supreme Court · 1832
3Cited by9 opinions
- Georgia Railway & Power Co. v. EndsleySupreme Court of Georgia · 1928
- Collinsville Granite Co. v. PhillipsSupreme Court of Georgia · 1905
- Ramey v. O'ByrneSupreme Court of Georgia · 1904
- Roby v. EggersIndiana Supreme Court · 1891
- Downing v. AndersonSupreme Court of Georgia · 1906
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