Downing v. Anderson
Supreme Court of Georgia
Petition for. in junction. Before Judge Parker. Charlton supeTior court. September 25, 190.5. .
1Opinion of the CourtEvans, J.
This was an equitable proceeding to enjoin the cutting and removal of timber by the defendant from lands to which the plaintiffs asserted title. In order to maintain a suit for damages for an injury to the freehold, it is essential for the plaintiff to show either that he was in possession of the land at the time of the trespass or that he then had title thereto. Whiddon v. Lumber Co., 98 Ga. 701. It would seem to be axiomatic that if a plaintiff be not entitled to recover damages for a trespass alleged in his petition to have been already committed, he can not be permitted to maintain an…
2Cases cited25 opinions
- Chandler v. SpearSupreme Court of Vermont · 1850
- Yahoola River & Cane Creek Hydraulic Hose Mining Co. v. IrbySupreme Court of Georgia · 1869
- Flannery & Co. v. HightowerSupreme Court of Georgia · 1895
- McCook v. CrawfordSupreme Court of Georgia · 1901
- McArthur & Griffin v. Matthewson & ButlerSupreme Court of Georgia · 1881
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3Cited by17 opinions
- Bridges v. BrackettSupreme Court of Georgia · 1949
- James v. RileySupreme Court of Georgia · 1935
- Bennett v. RewisSupreme Court of Georgia · 1957
- Bruce v. StricklandSupreme Court of Georgia · 1946
- Fender v. GardnerSupreme Court of Georgia · 1922
12 more not listed; retrieve them via the Exa API.