Griffin v. Sketoe
Supreme Court of Georgia
In Equity, in Jones Superior Court. Decision on Demurrer by Judge Harris, at April Term, 1860. This was a bill in equity by Eli S. Griffin, administrator of Abraham Williams, deceased, against Garry Sketoe, and its object was to remove certain legal impediments to the prosecution of an action of ejectment pending at law by complainant against defendant.
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In Equity, in Jones Superior Court. Decision on Demurrer by Judge Harris, at April Term, 1860. This was a bill in equity by Eli S. Griffin, administrator of Abraham Williams, deceased, against Garry Sketoe, and its object was to remove certain legal impediments to the prosecution of an action of ejectment pending at law by complainant against defendant. The bill states, in substance, that complainant’s intestate, in his lifetime, brought suit against defendant for the lot of land in controversy; that the action was under the statutory form prescribed by the Act of 1847, and upon the trial…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
This bill is filed for two pui’poses:
1st. To be relieved from the effect of a judgment heretofore rendered between the same parties, for the same lot of land, on the ground that the judgment was obtained by fraud.
2d. To restrain the defendant from committing waste on the lot in controversy, by cutting and removing timber therefrom.
The defendant demurs to the bill on three grounds, which we will dispose of in the inverse order to that stated in the demurrer.
1. Was it necessary to allege in the bill that the witness, who is charged to have sworn…
2Cases cited3 opinions
- Royall v. Lessee of LisleSupreme Court of Georgia · 1854
- Conyers v. KenanSupreme Court of Georgia · 1848
- Sims v. SmithSupreme Court of Georgia · 1855
3Cited by22 opinions
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- Brigham v. OverstreetSupreme Court of Georgia · 1907
- Gray Lumber Co. v. GaskinSupreme Court of Georgia · 1905
- Jordan v. HarberSupreme Court of Georgia · 1931
- Camp v. Dixon, Mitchell & Co.Supreme Court of Georgia · 1901
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