Thrift Bros. v. Baker
Supreme Court of Georgia
Equitable petition. Before Judge Quincey. Ware superior court. December 28, 1914. The Lewis Manufacturing' Company and Georgia-Florida Land Company instituted an equitable action against Thrift Brothers, to enjoin the cutting of timber and working it for turpentine purposes on lot 523 in the 8th district of Ware county. The plaintiffs relied upon a chain of title from .the State to themselves.
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Equitable petition. Before Judge Quincey. Ware superior court. December 28, 1914. The Lewis Manufacturing' Company and Georgia-Florida Land Company instituted an equitable action against Thrift Brothers, to enjoin the cutting of timber and working it for turpentine purposes on lot 523 in the 8th district of Ware county. The plaintiffs relied upon a chain of title from .the State to themselves. One link in the chain was a deed executed by Baker as administrator of the estate of Beale, the State’s immediate grantee. It appeared from uncontradieted evidence that the deed was executed while the…
1Opinion of the CourtAtkinson, J.
We think the judge erred in allowing the amendment to the petition, and that a reversal of the judgment is required, and that other assignments of error relate to matters which will not likely occur on another trial. We will therefore discuss only the question as to the allowance of the amendment. It is declared in the Civil Code, § 4033, which has the force of a statute, that “An administrator can not sell property held adversely to the estate by a third person; he must first recover possession.” In Lowe v. Bivins, 112 Ga. 341 (37. S. E. 374), applying this provision of the code, it was…
2Cases cited13 opinions
- Holcombe v. Richmond & Danville RailroadSupreme Court of Georgia · 1887
- Wood v. McGuire's ChildrenSupreme Court of Georgia · 1857
- Hall v. ArmorSupreme Court of Georgia · 1882
- Hanesley v. BagleySupreme Court of Georgia · 1899
- Wheeler v. StapletonSupreme Court of Georgia · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- American Surety Co. v. County of BibbSupreme Court of Georgia · 1926
- Edenfield v. RountreeCourt of Appeals of Georgia · 1925
- Talmadge v. General Casualty Company of AmericaCourt of Appeals of Georgia · 1953
- Thompson-Starrett, Etc. v. Mason's Adm'rsCourt of Appeals of Kentucky (pre-1976) · 1946
- Chattanooga Iron & Coal Corp. v. ShawSupreme Court of Georgia · 1924
5 more not listed; retrieve them via the Exa API.