Hamby Mountain Gold Mines, Ltd. v. Calhoun Land & Mining Co.
Supreme Court of Georgia
Partition. Parties. Amendment. Service. Title. Presumptions. Evidence. Ouster. Before Judge Wellborn. White superior court. October term, 1888. The following is an abstract of the paper title of petitioners, referred to in the decision, which states all the other material facts : (1) A deed to the entire property from Wm. Hunt to' Henry Brannon, John G. Lumsden and Chas. P. Gordon, in trust for themselves and for Jno.
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Partition. Parties. Amendment. Service. Title. Presumptions. Evidence. Ouster. Before Judge Wellborn. White superior court. October term, 1888. The following is an abstract of the paper title of petitioners, referred to in the decision, which states all the other material facts : (1) A deed to the entire property from Wm. Hunt to' Henry Brannon, John G. Lumsden and Chas. P. Gordon, in trust for themselves and for Jno. Hudson, Lewellen ~W. Hudson, Thomas Hoxey, Thomas Hardeman and James H. Gordon, dated May 17, 1830. This deed recited receipt of the consideration named therein from Brannon,…
1Opinion of the Court
Simmons, Justice.
Thomas R. Lumsden and others, heirs at law of John G. Lumsden, deceased, filed a petition for partition in the superior court of White county against the Hamby Mountain Gold Mines, Limited, et al. The petition set forth that they, as heirs at law of' J ohn G. Lumsden, owned six undivided eighths of the property in question ; that the Hamby Mountain Gold Mines, Limited,.. a corporation,' owned an eighth, and that Charles P. Gordon owned the rémaining eighth; that the tract, being valuable as a gold mine, could not be divided equally; and prayed the appointment of commissioners…
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