Wrightsville & Tennille Railroad Co. v. Holmes
Supreme Court of Georgia
Actions. Title. Parties. Damages. Estoppel. Trespass. Evidence. Before Judge Roberts. Laurens superior court. July adjourned term, 1889. The declaration of Holmes and wife, for the use of Hightower, against the railroad company, filed June 27, 1887, alleged that in 1886 the Dublin and Wrights-ville railroad, a corporation then existing under the general law, but subsequently consolidated with the defendant, the consolidated company adopting the defendant’s corporate name,…
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Actions. Title. Parties. Damages. Estoppel. Trespass. Evidence. Before Judge Roberts. Laurens superior court. July adjourned term, 1889. The declaration of Holmes and wife, for the use of Hightower, against the railroad company, filed June 27, 1887, alleged that in 1886 the Dublin and Wrights-ville railroad, a corporation then existing under the general law, but subsequently consolidated with the defendant, the consolidated company adopting the defendant’s corporate name, forcibly and against petitioners’ consent entered upon their premises in Laurens county on the east bank of the Oconee…
1Opinion of the Court
Blandford, Justice.
This was an action brought jointly in the name of Holmes and his wife, for the use of Hightower, against the plaintiff in error. Considering the declaration, we think it was an action brought for damage to the freehold of the plaintiffs. The case is so afflicted, and abounds with so many complaints, that it is somewhat embarrassing to know or to tell where to commence the decision. The evidence for the plaintiffs shows, and without contradiction, that the formal legal title was in Holmes, while the equitable title was in his wife ; that Holmes bought the property at…
2Cited by6 opinions
- Western & Atlantic Railroad v. TateSupreme Court of Georgia · 1907
- Railway Co. v. DavisWest Virginia Supreme Court · 1906
- Martin v. MedlinCourt of Appeals of Georgia · 1951
- Louisville & Nashville Railroad v. HendersonSupreme Court of Georgia · 1913
- Ingram v. SmithCourt of Appeals of Georgia · 1938
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