North Georgia Co. v. Bebee
Supreme Court of Georgia
Petition for injunction. Before Judge Kimsey. Eabun superior court. September 1, 1906. Plaintiff and defendants claim title to certain trees, by virtue . of deeds from common grantors. The deeds of the defendants are of prior date, and were duly recorded before the second conveyance by the common grantor, under which the plaintiff claims title.
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Petition for injunction. Before Judge Kimsey. Eabun superior court. September 1, 1906. Plaintiff and defendants claim title to certain trees, by virtue . of deeds from common grantors. The deeds of the defendants are of prior date, and were duly recorded before the second conveyance by the common grantor, under which the plaintiff claims title. The various deeds under which defendants claim title to the trees, are identical in terms with that here set out: “This indenture,, made and entered into this the seventh day of April, eighteen hundred and ninety-four, between Iiiram A. Keener, of the…
1Opinion of the CourtEvans, J.
(After stating the facts.) The rights of the parties can not be accurately and fully defined without construing the timber deed copied in full in the statement of facts. Did the .grantor create an estate in the trees, with a right to so much of the soil as is necessary to nourish them; and if an estate was created, is it an unconditional estate, or an estate determinable upon the failure of the grantee to cut and remove the timber within a reasonable time? Or is it but a license to cut and remove timber? Growing trees are a part of the realty. Balkcom v. Empire Lumber Co., 91 Ga. 651; Moore…
2Cases cited7 opinions
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
- Morgan v. PerkinsSupreme Court of Georgia · 1894
- Baxter & Co. v. MattoxSupreme Court of Georgia · 1898
- Balkcom v. Empire Lumber Co.Supreme Court of Georgia · 1893
- Moore v. VickersSupreme Court of Georgia · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- R. M. Cobban Realty Co. v. DonlanMontana Supreme Court · 1915
- Shippen Bros. Lumber Co. v. GatesSupreme Court of Georgia · 1911
- Brooke v. DellingerSupreme Court of Georgia · 1941
- Cummer Co. v. YagerSupreme Court of Florida · 1918
- Shaw v. FenderSupreme Court of Georgia · 1912
24 more not listed; retrieve them via the Exa API.