Simmons v. Lindsay
Supreme Court of Georgia
Injunction. Before Judge Wright. Floyd superior court. June 30, 1915. Lindsay and others, as trustees of the Armuehee Baptist Church, brought an equitable petition against W. H. Simmons, alleging the following, among other things: On. June 1, 1854, Willis Selman and James W. Selman conveyed to the then trustees of the church, of whom the plaintiffs are successors, a certain described lot of land.
Read the full summary
Injunction. Before Judge Wright. Floyd superior court. June 30, 1915. Lindsay and others, as trustees of the Armuehee Baptist Church, brought an equitable petition against W. H. Simmons, alleging the following, among other things: On. June 1, 1854, Willis Selman and James W. Selman conveyed to the then trustees of the church, of whom the plaintiffs are successors, a certain described lot of land. The deed, after describing the land, contained the following words: -“together with the free privilege of the spring north of said church, and also the right of way to the same.” At the date of the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The deed under which the plaintiffs claim was made by Willis Selman and James W. Selman to themselves and others as trustees of the church. James W. Selman, one of the grantors, and also, in his capacity as trustee, one of the grantees, attested the deed as a justice of the peace; and two unofficial witnesses also attested it. On this attestation it was recorded. It appearing that the original deed was lost, the presiding judge admitted, over *848objection, a certified copy from the record. It is clear that a man can not be at once a grantor as an…
2Cases cited9 opinions
- Goodrich v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1902
- Georgia Pacific Railway v. Mayor of DouglasvilleSupreme Court of Georgia · 1885
- Ruff v. PhillipsSupreme Court of Georgia · 1873
- Broomhead v. GrantSupreme Court of Georgia · 1889
- Russell v. NapierSupreme Court of Georgia · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hall v. BrowningSupreme Court of Georgia · 1943
- Shurley v. BlackSupreme Court of Georgia · 1923
- Spencer v. TumlinSupreme Court of Georgia · 1923
- Spires v. WrightSupreme Court of Georgia · 1918
- Sandt v. MasonSupreme Court of Georgia · 1951
22 more not listed; retrieve them via the Exa API.