Southern Pine Co. v. Kirkland
Supreme Court of Georgia
Petition for injunction. Before Judge Bennet: Ware county. September 25, 1900. This was a petition to enjoin the defendant from cutting and removing timber from certain land to which the plaintiff claimed title under a sheriff’s deed made in pursuance of a sale under a wild-land tax execution; and the sole question at issue was whether the. execution was valid, the defendant contending that it was void because of the absence of a recital that the land was not returned for…
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Petition for injunction. Before Judge Bennet: Ware county. September 25, 1900. This was a petition to enjoin the defendant from cutting and removing timber from certain land to which the plaintiff claimed title under a sheriff’s deed made in pursuance of a sale under a wild-land tax execution; and the sole question at issue was whether the. execution was valid, the defendant contending that it was void because of the absence of a recital that the land was not returned for taxation. The court refused an injunction, and the plaintiff excepted. The execution was as follows: “ State of Georgia,…
1Opinion of the CourtLittle, J.
But a single question arises in this case for our determination, and that is whether the execution under which certain land was sold was a valid and legal writ. If it was, the injunction sought in the court below by the plaintiff in error should have heen granted. If, however, it was void, then it would follow that the deed of conveyance, made by the sheriff by virtue of a sale under the execution, would likewise be void, and the ruling of the judge below in refusing to grant the injunction ought not in that case to be disturbed. The execution in question was issued for the purpose of…
2Cases cited9 opinions
- Weimer v. BunburyMichigan Supreme Court · 1874
- M'Clung v. RossSupreme Court of the United States · 1820
- Greer v. FergersonSupreme Court of Georgia · 1898
- Hilton v. SingletarySupreme Court of Georgia · 1899
- Leonard v. PilkintonSupreme Court of Georgia · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Barnes v. CarterSupreme Court of Georgia · 1904
- Bennett v. Southern Pine Co.Supreme Court of Georgia · 1905
- Alaculsy Lumber Co. v. GudgerSupreme Court of Georgia · 1910
- Equitable Building & Loan Ass'n v. StateSupreme Court of Georgia · 1902
- Stark v. CummingsSupreme Court of Georgia · 1903
1 more not listed; retrieve them via the Exa API.