Hill v. Neely
Supreme Court of Georgia
Complaint for land. Before Judge Hammond. Burke superior court. June 29, 1920. The suit was brought to recover about nine acres of land lying on the west side of Beaver Dam creek in the 69th district G. M. of Burke County. The plaintiff owned a large tract of land lying on the east side of the creek, called the Forest Hill place, including a mill-pond with a dam extending across the creek.
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Complaint for land. Before Judge Hammond. Burke superior court. June 29, 1920. The suit was brought to recover about nine acres of land lying on the west side of Beaver Dam creek in the 69th district G. M. of Burke County. The plaintiff owned a large tract of land lying on the east side of the creek, called the Forest Hill place, including a mill-pond with a dam extending across the creek. The defendant owned a large tract of land lying on the west side of the creek, called the Waterloo place. The dispute was as to whether the parcel sued for was part of the land to which the plaintiff held…
1Opinion of the CourtGeorge, J.
1. “ Where the estoppel relates to the title to real estate, the party claiming to have been influenced' by the other’s acts or declarations must not only be ignorant, of the true title, but also of any convenient means of acquiring such knowledge. Where both parties have equal knowledge or equal means of obtaining the truth, there is no estoppel.” Civil Code (1910), § 5737. “In order for an equita1 ble estoppel to arise, there must generally be some intended deception in the conduct or declarations of the party to be estopped, or such gross negligence as to amount to constructive fraud, by…
2Cases cited15 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Schreck v. BlunSupreme Court of Georgia · 1908
- Wilkins v. McGeheeSupreme Court of Georgia · 1891
- Wooten v. SolomonSupreme Court of Georgia · 1913
- Bower v. CohenSupreme Court of Georgia · 1906
10 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Finley v. SuttonSupreme Court of Georgia · 1980