Gardner v. Donadlson
Supreme Court of Georgia
Taxes. Sales. Injunction. Before Judge Bower. Decatur county. At chambers, January 21,1888. Donalson filed his bill against defendants to enjoin trespassing on land, alleging that he had the title to and was in possession of it; that it was mostly wild, with but forty acres cleared, and it was valuable chiefly on account of the timber thereon; that defendants entered and were engaged in cutting timber, to petitioner’s damage; and that they were insolvent.
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Taxes. Sales. Injunction. Before Judge Bower. Decatur county. At chambers, January 21,1888. Donalson filed his bill against defendants to enjoin trespassing on land, alleging that he had the title to and was in possession of it; that it was mostly wild, with but forty acres cleared, and it was valuable chiefly on account of the timber thereon; that defendants entered and were engaged in cutting timber, to petitioner’s damage; and that they were insolvent. They answered, asserting title and possession in themselves, in good faith, as heirs at law of S. E. Gardner, under whose. widow they held,…
1Opinion of the Court
Bleckley, Chief Justice.
1. The court granted an inj unction against Gardner upon terms; and we think there was no abuse of discretion in so doing.
2. It is contended that Donalson’s title, derived from a tax sale, was worthless, because the land was taxed and sold as wild, when in fact it was improved. We are not prepared to say that it was invalid. The land, though improved, was seized and sold as wild land, being unreturned. If the sale had been under an execution issued by the comptroller-general, it would, as ruled in 73 Ga. 95, and as indicated in 64 Ga. 121, have been a void sale. But…
2Cases cited2 opinions
- Harris v. PoundsSupreme Court of Georgia · 1879
- Hutchins v. TenantSupreme Court of Georgia · 1884
3Cited by3 opinions
- Bower v. CohenSupreme Court of Georgia · 1906
- Brown & Son v. PowellSupreme Court of Georgia · 1890
- United States v. One Lot of Land for Bainbridge Post OfficeDistrict Court, S.D. Georgia · 1910