Parker v. Hughes
Supreme Court of Georgia
, In Equity, from McIntosh Superior Court. Tried before Judge Fleming at April Term, 1858. The bill was filed by Parker, and was against Hughes.
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, In Equity, from McIntosh Superior Court. Tried before Judge Fleming at April Term, 1858. The bill was filed by Parker, and was against Hughes. It states that Parker, on the 26th of May, 1854, had surveyed, under a head rights warrant, dated the 6th February, 1854, by the Surveyor of McIntosh county, a tract of land containing 595 acres, lying in that county, and bounded on the South by the Altamaha ; on the North by lands of William Hughes; on the East by lands, belonging to the estate of Wm. Boggs, and to J. M. Smith; and West by the Altamaha and Farmer’s land. That said survey having been…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
This Court has several times held, that a grant from the State, cannot be set aside in a proceeding to which, the State Is not a party. 20 Ga. 571. 17 Ga. 547. See Cressup vs McLean, 5 Leigh 381. I think, that the proceeding ought to be one in which, the State is the party plaintiff. In that case, there cannot arise any conflict between departments of the Government.
[1.] In our judgment the Court was right in sustaining the demurrer.
Was the Court also right in refusing to allow the complainant to amend the bill, by making the State a party…
2Cases cited2 opinions
- Walker v. WellsSupreme Court of Georgia · 1855
- McRory v. SykesSupreme Court of Georgia · 1856
3Cited by3 opinions
- United States v. PattersonCourt of Appeals for the Fifth Circuit · 1953
- Calhoun v. CawleySupreme Court of Georgia · 1898
- Atkinson v. CawleySupreme Court of Georgia · 1900