Legal Opinion

Phillips v. O'Neal

Supreme Court of Georgia

Decided October 19, 1891PublishedCited by 11 opinions

Boundaries. Mistake. Fraud. Title. Evidence. Before Judge Van Epps. City court of Atlanta. December term, 1890. , Deported in the decision.

1Opinion of the Court

Bleckley, Chief Justice.

This case has been here twice before. O’Neal v. Phillips, 83 Ga. 556 ; Phillips v. O'Neal, 85 Ga. 142. On the first occasion it was held that, if the pleas of O’Neal were found to be true, the verdict should be in his favor. At the trial which took place afterwards the verdict was in his favor, and this was a finding that the pleas were true. But the court having admitted some illegal evidence that may have influenced the jury in their opinion as to where'the true boundary which originally divided the premises of the respective parties was located, a new trial was…

2Cases cited2 opinions

  1. O'Neal v. PhillipsSupreme Court of Georgia · 1889
  2. Phillips v. O'NealSupreme Court of Georgia · 1890

3Cited by11 opinions

  1. Hughes v. CobbSupreme Court of Georgia · 1942
  2. Shirley v. ByrdSupreme Court of Georgia · 1926
  3. Milner v. BivensSupreme Court of Georgia · 1985
  4. Crawford v. CookSupreme Court of Georgia · 1949
  5. Richardson v. PittsSupreme Court of Georgia · 1906

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