Mayor of Macon v. East Tennessee, Virginia & Georgia Railway Co.
Supreme Court of Georgia
Statutes. Railroads. Municipal corporations. Contracts. Practice. Limitations. Consideration. Parties. Conditions. Before Judge Gustin. Bibb superior court. May term, 1888. On July 15tb., 1886, the mayor, etc. brought their action of complaint for certain land, against the railway company. The defendant pleaded prescription for twenty years, and for seven years under written evidence of title.
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Statutes. Railroads. Municipal corporations. Contracts. Practice. Limitations. Consideration. Parties. Conditions. Before Judge Gustin. Bibb superior court. May term, 1888. On July 15tb., 1886, the mayor, etc. brought their action of complaint for certain land, against the railway company. The defendant pleaded prescription for twenty years, and for seven years under written evidence of title. On the trial, the plaintiff introduced an act of the legislature of December 23, 1826, (acts 1826, p. 168,) by which the land in question, with certain other lands, was granted to it, with a proviso…
1Opinion of the Court
Bleckley, Chief Justice.
As the court below restricted the functions of the jury to the single question of identity of the premises in dispute, we shall deal with the case and discuss it only far enough to show that this restriction was erroneous. We think two additional questions were for determina™ *507tion by the jury, the first being whether the Macon & Brunswick Railroad Company accepted the grant made to it by the State in conjunction with the city of Macon; and the second whether if it did, that the company or its successor, the East Tennessee, Virginia & Georgia Railway Company, lost the…
2Cases cited1 opinion
- Allen v. HoweMassachusetts Supreme Judicial Court · 1870
3Cited by9 opinions
- Atlanta Consolidated Street Railway Co. v. JacksonSupreme Court of Georgia · 1899
- Hicks v. BeachamSupreme Court of Georgia · 1908
- Lawson v. Georgia Southern & Florida Railway Co.Supreme Court of Georgia · 1914
- Hollomon v. Board of EducationSupreme Court of Georgia · 1929
- Moore v. WellsSupreme Court of Georgia · 1956
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