Osteen v. Wynn
Supreme Court of Georgia
Equitable petition. Before Judge Little. Chattahoochee superior court. April 6, 1907. E. J. and B. L. Wynn filed their petition against J. W. Osteen and others, to recover damages for trespass already committed by reason of defendants having entered upon described land of plaintiffs with their sawmill and sawed timber thereon, and to enjoin defendants from further trespass.
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Equitable petition. Before Judge Little. Chattahoochee superior court. April 6, 1907. E. J. and B. L. Wynn filed their petition against J. W. Osteen and others, to recover damages for trespass already committed by reason of defendants having entered upon described land of plaintiffs with their sawmill and sawed timber thereon, and to enjoin defendants from further trespass. Plaintiffs allege that they are the owners of a certain tract of land .containing all of lot number 140 in the 33d district of Chattahoochee county, except fifty acres in the southeast corner. Defendants purchased the…
1Opinion of the CourtEvans, P. J.
(After stating the facts.)
1. The demurrer raises the question of the sufiieieney of the description of the land upon which the trespass was alleged to have been committed. The petition alleged that the plaintiffs were the owners of land lot number 140 in the thirty-third district of Chattahoochee county, except 50, acres in the southeast corner, and that the defendants had cut and were proceeding to cut the timber thereon immediately surrounding the excepted 50 acres. Judicial notice will be taken, as to lots of land laid out by State survey in this county, that each contains 202% acres, and…
2Cases cited10 opinions
- Farr v. WoolfolkSupreme Court of Georgia · 1903
- Riley v. GriffinSupreme Court of Georgia · 1854
- Huxford v. Southern Pine Co.Supreme Court of Georgia · 1905
- Payton v. McPhaulSupreme Court of Georgia · 1907
- Miller v. McGlaunSupreme Court of Georgia · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- McCann v. Glynn Lumber CompanySupreme Court of Georgia · 1945
- Tietjen v. DobsonSupreme Court of Georgia · 1930
- Thompson v. HillSupreme Court of Georgia · 1912
- Bunger v. GrimmSupreme Court of Georgia · 1914
- Bradley v. SheltonSupreme Court of Georgia · 1940
77 more not listed; retrieve them via the Exa API.