Woodward v. Gates
Supreme Court of Georgia
Equity. Waste. Tried before Judge Collier. Meriwether Superior Court. August Term, 1867. A. Gates and Catharine Gates, minor children of Samuel M. Gates, deceased, and Samuel M. Gates, James B. Gates, Mary E. Gates, Nancy C. Gates and Matilda H. Gates, minor children of Benjamin K. Gates, deceased, by their guardian and next friend, filed a bill against Irwin H. Woodward, by which they made the following averments: In 1854, their grand-father, Benjamin Gates, died, leaving a…
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Equity. Waste. Tried before Judge Collier. Meriwether Superior Court. August Term, 1867. A. Gates and Catharine Gates, minor children of Samuel M. Gates, deceased, and Samuel M. Gates, James B. Gates, Mary E. Gates, Nancy C. Gates and Matilda H. Gates, minor children of Benjamin K. Gates, deceased, by their guardian and next friend, filed a bill against Irwin H. Woodward, by which they made the following averments: In 1854, their grand-father, Benjamin Gates, died, leaving a will, of which the third item was as follows: “Igive and bequeath to my beloved wife, Emeline Gates, for and during her…
1Opinion of the CourtBrown, C. J.
It was competent for 'the witnesses to give their opinions, accompanied by the Hots upon which it was predicated, as to the whole number of acres from which the timber had been cut by Woodward, the value of the land before and after it was cut, the proportion which the timbered land bore to the *211cleared land on each tract, and the like. But it was error in the Court to permit the witnesses to give their opinions that the estate of the remainder-men had been damaged a certain amount by the acts of the life-tenant. The amount of damage, if any, was the very “ question to be found by the jury. It…
2Cases cited4 opinions
- Dickinson v. JonesSupreme Court of Georgia · 1867
- Alexander v. FisherSupreme Court of Alabama · 1845
- Parker v. ChamblissSupreme Court of Georgia · 1852
- Chapman v. SchroederSupreme Court of Georgia · 1851
3Cited by19 opinions
- Roby v. NewtonSupreme Court of Georgia · 1905
- Foote & Davies Co. v. MalonySupreme Court of Georgia · 1902
- McCrary v. PritchardSupreme Court of Georgia · 1904
- Miller v. LuckeySupreme Court of Georgia · 1909
- Georgia Railway & Power Co v. HeadSupreme Court of Georgia · 1923
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