Atlanta, Birmingham & Atlantic Railway Co. v. Smith

The devisees under a certain will instituted an action in Ware county against the Atlanta, Birmingham and Atlantic Railway Company, a corporation whose principal office was in Fulton county. The petition alleged, that the plaintiff's owned described land to which the defendant claimed title under a deed made by the executor of such will, which deed was void for want of authority on the part of the executor to execute it; and that the defendant was undertaking to destroy the improvements on the land, and to commit irreparable injury. The prayers were, (a) for injunction, (6) for cancellation…