Averett v. Brady
Supreme Court of Georgia
Complaint in Ejectment, in Stewart Superior Court. ' De■«ided by Judge Kiddoo, April Term, 1856, An action was instituted by Kendrick M. K. Brady against Matthew Averett, to recover lot of land No. 82, in the 22d district of Stewart County, and lying on the Chattahoochee river.
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Complaint in Ejectment, in Stewart Superior Court. ' De■«ided by Judge Kiddoo, April Term, 1856, An action was instituted by Kendrick M. K. Brady against Matthew Averett, to recover lot of land No. 82, in the 22d district of Stewart County, and lying on the Chattahoochee river. The case came on for trial at April Term, 1856, of Stewart Superior Court, when the plaintiff introduced the following evidence: 1st. A copy of the plat and grant from the State of Georgia to Nathan Brady to the lot in dispute, having first shown the loss of the original. 2d. Geo. J. Lunsford testified, that plaintiff…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
There are two assignments of error in this case :
1st. That the Court erred in charging the Jury that in estimating the rent of the landing, they might take into the account the proceeds of the ferry, after deducting the expenses • of fitting up and carrying on the same, and making due allowance for all risks and expense.
2nd. That the Court erred in omitting to charge the Jury .as requested to do by defendant’s Counsel, in the midst of his argument before the Jury, that the right of ferry over said river was a franchise belonging to the State of…
2Cases cited1 opinion
- Beverly v. BurkeSupreme Court of Georgia · 1851
3Cited by8 opinions
- Conklin v. StateSupreme Court of Georgia · 1985
- Franklin v. StateSupreme Court of Georgia · 1882
- Williams v. Hartford Ins. Co.California Supreme Court · 1880
- Central of Georgia Railroad v. SellersCourt of Appeals of Georgia · 1973
- Van Ruymbeke v. Patapsco Industrial ParkCourt of Appeals of Maryland · 1971
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