Brown v. Burke
Supreme Court of Georgia
Action for recovery of land, in Baker. Tried before Judge Allen, at May Term, 1857. David B. Burke instituted his action, under the form, prescribed by the Act of 1847, against Benj. R. Smith and Samuel J. Smith, for the recovery of lot of land No. 281, in the 8th district of Baker county. William G. Brown and the Smiths, filed their bill in Equity to enjoin this action.
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Action for recovery of land, in Baker. Tried before Judge Allen, at May Term, 1857. David B. Burke instituted his action, under the form, prescribed by the Act of 1847, against Benj. R. Smith and Samuel J. Smith, for the recovery of lot of land No. 281, in the 8th district of Baker county. William G. Brown and the Smiths, filed their bill in Equity to enjoin this action. The bill set forth, that said lot of land was purchased by William Burke, the fa-ther of the plaintiff, from one Seth C. Stevens, in the year 1844, who paid the full consideration money, but that titles to the same were…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
The action at law and the bill in chancery to enjoin that action, and to set aside the title on which the plaintiff relied in his action at law, were sirbmitted to the jury together by consent. This consent amounted to a dissolution of this injunction and the jury returned a verdict in favor of the plaintiff in the action at law for the premises in dispute. The-defendant moved for a new trial on four grounds as set forth in the statement of the case.
'[1.] The first ground is that the Court erred in admitting the testimony of Francis D. Kea, as a…
2Cited by16 opinions
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- Lamar v. AllenSupreme Court of Georgia · 1899
- Holton v. LankfordSupreme Court of Georgia · 1939
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