Moore & Co. v. Daugherty, Allen & Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Summerall. Clinch superior court. April 15, 1916. Moore & Company and Daugherty, Allen & Company are each engaged in the business of extracting gum from pine trees and manufacturing it into turpentine products.
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Petition for injunction. Before Judge Summerall. Clinch superior court. April 15, 1916. Moore & Company and Daugherty, Allen & Company are each engaged in the business of extracting gum from pine trees and manufacturing it into turpentine products. The former filed a petition to enjoin the latter from cutting, boxing, and extracting the crude gum from the pine trees on two lots of land in Echols county, alleging that the cutting, boxing, and working of the timber as the defendants were doing and threatening to do would not only be a continuing trespass giving the plaintiffs a new cause of…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. Though the plaintiffs alleged that they had perfect title to the land, they failed to exhibit such title, and did not bring themselves within the timber cutters’ act (Civil Code of 1910, § 5504). If the plaintiffs are entitled to a writ of injunction, it must be based on equitable principles. Both parties claimed title under conveyances which recited that the land had been granted to Thomas Taylor and that the grantor in each conveyance claimed to be his heir at law. The plaintiffs’ deed was made by Martha A. Cramer and others claiming to be his only…
2Cases cited4 opinions
- Florida Yellow Pine Co. v. Flint River Naval Stores Co.Supreme Court of Georgia · 1913
- Gray Lumber Co. v. GaskinSupreme Court of Georgia · 1905
- Loudermilk v. MartinSupreme Court of Georgia · 1908
- Strain v. StarkSupreme Court of Georgia · 1911
3Cited by22 opinions
- Shingler v. ShinglerSupreme Court of Georgia · 1937
- McRae v. SmithSupreme Court of Georgia · 1927
- Wash v. DicksonSupreme Court of Georgia · 1918
- Gainesville Midland Railroad v. TynerSupreme Court of Georgia · 1948
- Neal Lumber & Manufacturing Co. v. O'NealSupreme Court of Georgia · 1932
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