Garbutt Lumber Co. v. Camp
Supreme Court of Georgia
Equitable petition. Before Judge Thomas. Echols superior court. June 30, 1911. R. J. and B. E. Camp brought their suit in Echols superior court against the A. G. Garbutt Lumber Company, to restrain it from cutting and removing the timber from land lot No. 90 in the 16th district of Echols county, Ga., and for the recovery of damages.
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Equitable petition. Before Judge Thomas. Echols superior court. June 30, 1911. R. J. and B. E. Camp brought their suit in Echols superior court against the A. G. Garbutt Lumber Company, to restrain it from cutting and removing the timber from land lot No. 90 in the 16th district of Echols county, Ga., and for the recovery of damages. The plaintiffs claimed the title to the lot of land in controversy, and that the defendant was a wilful trespasser upon said lot and was engaged in cutting the timber therefrom for its own benefit, to the irreparable injury of the plaintiffs. They claimed title…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. This is the second appearance of this case here. It will be found reported in 129 Ga. 411 (58 S. E. 870). The case turns largely on prescriptive title. The possession began in J. B. Withers, who held possession less than the time necessary to ripen the prescription. Then Withers made a deed to the property in controversy to S. J. Barnes, dated January 1, 1897. Barnes and others made a “timber lease” to R. J. & B. E. Camp, the plaintiffs in the court below, on January 20, 1902, conveying the timber on the land in controversy for sawmill and cross-tie…
2Cases cited1 opinion
- Camp v. Garbutt Lumber Co.Supreme Court of Georgia · 1907
3Cited by3 opinions
- Central of Georgia Railway Co. v. BrownSupreme Court of Georgia · 1912
- Turner v. McKeeCourt of Appeals of Georgia · 1958
- Downer v. BazzellSupreme Court of Georgia · 1961