Legal Opinion

Benton v. Horsley

Supreme Court of Georgia

Decided December 21, 1883PublishedCited by 10 opinions

Title. Ejectment. Charge of Court. Pleadings. Evidence. Variance. Water Courses. Heeds. Title. Presumptions. Before Judge Lawson. Jasper Superior Court. April Term, 1883. W.G. Horsley brought complaint for land against James Benton. The land was described in the declaration as follows : ■ “ Commencing on the west side of said creek, and northwest of the public bridge over said creek, on the road leading from. Wm.

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Title. Ejectment. Charge of Court. Pleadings. Evidence. Variance. Water Courses. Heeds. Title. Presumptions. Before Judge Lawson. Jasper Superior Court. April Term, 1883. W.G. Horsley brought complaint for land against James Benton. The land was described in the declaration as follows : ■ “ Commencing on the west side of said creek, and northwest of the public bridge over said creek, on the road leading from. Wm. H. Preston to Madison, and about or near one hundred yards from the west end of said bridge, at the southeast corner of Wm. H. Preston’s creek-field fence, at high-water mark, and…

1Opinion of the Court

Hall, Justice.

This was an action' in the statutory form to recover thirty acres of land, more or less, situated on Murder Creek, in Jasper county, and was a part of a much larger tract that was owned by Lewis F. Pou, who, on the 15th day of January, 1879, conveyed the premises in dispute to Lucien B. Newton and William G. Horsley. Newton subsequently conveyed to Horsley, the plaintiff in this suit. The boundaries of the land are set forth, in the deed from Pou to Newton and Horsley as follows :

“Thirty acres of land, more or less, off of what is known as the mill tract, including the…

2Cited by10 opinions

  1. Kendall v. WellsSupreme Court of Georgia · 1906
  2. May v. SorrellSupreme Court of Georgia · 1922
  3. Berry v. ClarkSupreme Court of Georgia · 1903
  4. Blackwell v. PartridgeSupreme Court of Georgia · 1923
  5. Hammond v. GeorgeSupreme Court of Georgia · 1902

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