White v. North Georgia Electric Co.
Supreme Court of Georgia
Equitable petition. Before Judge Kimsey. Rabun superior-court. August 31, 1906. Litigation about the title and possession of the land involved in this case arose in 1884, between Bleckley and Cannon on one side and White and Young on the other.
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Equitable petition. Before Judge Kimsey. Rabun superior-court. August 31, 1906. Litigation about the title and possession of the land involved in this case arose in 1884, between Bleckley and Cannon on one side and White and Young on the other. See 92 Ga. 164; 98 Ga. 594; 105 Ga. 173; 114 Ga. 155. In August, 1896, a verdict and decree were rendered, that Bleckley et al. were entitled to possession 'as against White et al., and that the latter be enjoined from interfering with such possession and from trespassing on the land. Bleckley et al. went into possession, and in 1902 they conveyed the…
1Opinion of the CourtAtkinson, J.
1, 2. As a general rule, distinct and separate claims of or against different persons can not be joined in the •same action. Civil Code, §§4938, 4946. In equity where there is a common right to be established by or against several and one is asserting the right against many or many against one, equity will determine the whole matter in one action. Civil Code, §4846. Equity is ancillary, but never antagonistic to the law. Civil Code, '§¡3923. The sections of the code above referred to are entirely in harmony. The claims are not separate and distinct where there is a common right to be…
2Cases cited4 opinions
- Conley v. BuckSupreme Court of Georgia · 1897
- Van Dyke v. Van DykeSupreme Court of Georgia · 1904
- Webb v. ParksSupreme Court of Georgia · 1900
- Moore v. HillSupreme Court of Georgia · 1877
3Cited by36 opinions
- Crutcher v. Crawford Land Co., Inc.Supreme Court of Georgia · 1964
- Smith v. ManningSupreme Court of Georgia · 1923
- O'Jay Spread Co. v. HicksSupreme Court of Georgia · 1937
- Walker Electrical Co. v. WaltonSupreme Court of Georgia · 1948
- Atlanta Coach Co. v. SimmonsSupreme Court of Georgia · 1937
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