Fletcher v. Fletcher
Supreme Court of Georgia
Equitable petition. Before Judge Mitchell. Berrien superior court. September 22, 1904. George H. Fletcher brought an equitable petition against Joe Fletcher, and a demurrer was filed by the defendant.
Read the full summary
Equitable petition. Before Judge Mitchell. Berrien superior court. September 22, 1904. George H. Fletcher brought an equitable petition against Joe Fletcher, and a demurrer was filed by the defendant. The petition was amended, and, as amended, alleged substantially, that the petitioner was the true and lawful owner and in the possession of a certain described tract of land; that the defendant, unlawfully and without authority from petitioner, had entered upon the land and commenced cutting the sawmill timber thereon with the intention of cutting and carrying away all of the sawmill timber…
1Opinion of the CourtEvans, J.
(After stating the fácts.) 1. The petition was not good as a proceeding to cancel title to land, because the parties to the deeds sought to be cancelled were not parties to the petition. Neither was there any prayer for damages for the trespass actually committed. So the petition was solely a proceeding for injunction to restrain the defendant from cutting or removing the timber, or in anywise interfering with the plaintiff’s possession. An action of trespass upon realty, brought to recover damages to the freehold, is not maintainable by one who is not in possession of the land, unless he…
2Cases cited4 opinions
- McArthur & Griffin v. Matthewson & ButlerSupreme Court of Georgia · 1881
- Ault v. MeagerSupreme Court of Georgia · 1900
- Whiddon v. Williams Lumber Co.Supreme Court of Georgia · 1896
- McDonough & Co. v. Carter & Co.Supreme Court of Georgia · 1896
3Cited by2 opinions
- Downing v. AndersonSupreme Court of Georgia · 1906
- Fender v. GardnerSupreme Court of Georgia · 1922