Davis v. Collier & Beers
Supreme Court of Georgia
In Equity, in Baker Superior Court. Tried before Judge Perkins. April Term, 1853. On the 31st day of December, 1850, John Davis, a citizen of North Carolina, demised and leased to William P. Kitch- and, of Baker County, a plantation, together with thirteen negroes, certain live stock, farming utensils, &c. for the term of three years, Kitchand stipulating to pay him rent therefor, as follows: for the year 1851, two thousand dollars ; and for each of the years, 1852 and 1853,…
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In Equity, in Baker Superior Court. Tried before Judge Perkins. April Term, 1853. On the 31st day of December, 1850, John Davis, a citizen of North Carolina, demised and leased to William P. Kitch- and, of Baker County, a plantation, together with thirteen negroes, certain live stock, farming utensils, &c. for the term of three years, Kitchand stipulating to pay him rent therefor, as follows: for the year 1851, two thousand dollars ; and for each of the years, 1852 and 1853, twenty-five hundred dollars ; and to return to him at the expiration of the lease, the same quantity of live stock, &c.…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] Upon examination of the bill in Equity, as it ^appears in the transcript of the record in this case, we find no charge that the crop of 1851, or any part of it, made by Kitchand on the leasehold estate in question, was invested in any part of the property sold by the Sheriff. There is an interrogatory, it is true, calling on him to say whether or not any portion of this crop had been so invested; but such an interrogatory, fishing in its nature, because no foundation is laid for it in the bill, constitutes no part of that bill which the…
2Cited by6 opinions
- Board of Education v. DaySupreme Court of Georgia · 1907
- Mann v. WorkmanCourt of Appeals of Georgia · 1986
- Dixon v. Home Indemnity Co.Court of Appeals of Georgia · 1992
- In re StricklandDistrict Court, S.D. Georgia · 1909
- Johnson v. ThomasonSupreme Court of Georgia · 1904
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