Berry v. Clark
Supreme Court of Georgia
Equitable petition. Before Judge Felton. Houston superior court. August 1, 1902. Mrs. Clark filed a petition to restrain Mrs. Berry from cutting timber on land lot number 102 in Houston county. Mrs. Berry defended on the ground that the timber being cut was on lot 103, to which she had title.
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Equitable petition. Before Judge Felton. Houston superior court. August 1, 1902. Mrs. Clark filed a petition to restrain Mrs. Berry from cutting timber on land lot number 102 in Houston county. Mrs. Berry defended on the ground that the timber being cut was on lot 103, to which she had title. By an amendment she set up that if the timber was actually ou lot 102, she still had the right to cut it, inasmuch as it was ou the part of 102 north of Big Indian creek; that in a division of land acquired from their father, J. W. Wool-folk Sr., she and her brother, W. W. Woolfolk, had received from…
1Opinion of the CourtLamar, J.
The motion for a new trial assigns as error that the court admitted in evidence a tracing purporting to be “ a correct copy of the map of Houston county, on file in the office of the secretary of State,” over the objections of defendant that the same was secondary.evidence, that there was no proof of its correctness, that it did not appear when or by whom it was made, and that there was no proof that the map on file in the office of the secretary of State was a true and correct map of Houston county or of the lands, in dispute. The copy was correctly certified, and, under the ruling in…
2Cases cited5 opinions
- Polhill v. BrownSupreme Court of Georgia · 1890
- Shiels v. StarkSupreme Court of Georgia · 1854
- Holman & Woods v. Georgia RailroadSupreme Court of Georgia · 1881
- Benton v. HorsleySupreme Court of Georgia · 1883
- Goldsmith v. WhiteSupreme Court of Georgia · 1882
3Cited by20 opinions
- Pittman v. PittmanSupreme Court of Georgia · 1943
- Southern Railway Co. v. MerrittSupreme Court of Georgia · 1904
- Sunn v. Mercury MarineCourt of Appeals of Georgia · 1983
- Chason v. AndersonSupreme Court of Georgia · 1904
- Barber v. BarberSupreme Court of Georgia · 1924
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