Flint River Lumber Co. v. Smith
Supreme Court of Georgia
Equitable petition. Before Judge Spence. Decatur superior court. May 10,-1904. The Flint River Lumber Company sued the Smith Lumber Company and George 0. Smith, to recover a described tract of land, for injunction, and damages for trespasses committed on the land. One of the links in the plaintiff’s chain of title was a deed from James U. Horne to Maston O’Neal, dated October 23, 1883, and recorded on December 7, 1883, in Book AA, p. 153, in Decatur county.
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Equitable petition. Before Judge Spence. Decatur superior court. May 10,-1904. The Flint River Lumber Company sued the Smith Lumber Company and George 0. Smith, to recover a described tract of land, for injunction, and damages for trespasses committed on the land. One of the links in the plaintiff’s chain of title was a deed from James U. Horne to Maston O’Neal, dated October 23, 1883, and recorded on December 7, 1883, in Book AA, p. 153, in Decatur county. This deed was executed by M. A. Bell under a power of attorney from James U. Horne, which power of attorney was executed in 1882, and…
1Opinion of the CourtCobb, J.
Powers of attorney are not mentioned in the registry laws of this State. The law which imposes the duties of a registration officer upon the clerk of the superior court requires him to keep “books for recording all deeds, mortgages, and other liens, and bills of sale separately.” Unless the power of attorney is considered, a part of the instrument executed under its authority, there is nothing in our law which would make its registry constructive notice. In Tenant v. Blacker, 27 Ga. 418, it was held that powers of attorney may be recorded under the same rules as the deeds made under them, and…
2Cases cited7 opinions
- Mix v. HotchkissSupreme Court of Connecticut · 1840
- Graham v. CampbellSupreme Court of Georgia · 1876
- Dodge v. American Freehold Land Mortgage Co.Supreme Court of Georgia · 1899
- Doe ex dem. Tenant v. RoeSupreme Court of Georgia · 1859
- Jackson ex dem. Livingston v. NeelyNew York Supreme Court · 1813
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3Cited by2 opinions
- Johnson v. JohnsonSupreme Court of Georgia · 1937
- Cartledge v. Trust Co.Supreme Court of Georgia · 1938