Frith v. Roe
Supreme Court of Georgia
In Equity, in Randolph Superior Court. Decision by Judge Kiddoo, at Chambers, 11th May, 1857. This was a bill filed by John Roe against Hannah Frith, Benjamin Y. Iverson and Nathaniel Robinson.
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In Equity, in Randolph Superior Court. Decision by Judge Kiddoo, at Chambers, 11th May, 1857. This was a bill filed by John Roe against Hannah Frith, Benjamin Y. Iverson and Nathaniel Robinson. The allegations of the bill, in substance, are that Hannah Frith has instituted her action of trespass quare clausam fregit, against complainant, for trespasses, alleged to have been committed by him on certain premises occupied by her, being a part of lot No. 77, situated in the town of Cuthbert, and containing ten acres; that complainant has commenced his action of ejectment against the said Hannah,…
1Opinion of the Court
*141By the Court. —
Benning, J.
delivering the opinion.
The only question is, ought the Court below to have granted the injunction ?
According to the allegations in the bill, Roe has the equitable title to the land, but an equitable title depending upon a bond for titles that is lost, and upon a deed that is lost. Iverson has the legal title to the land, but he acquired that title, with notice of the equitable title now in Roe; and Hannah Frith has the possession of the land, and that possession is one which she rightfully acquired.
These things being so, it is at least doubtful, whether Roe can make…
2Cited by3 opinions
- Matson v. CroweSupreme Court of Georgia · 1942
- Miller v. MillerWest Virginia Supreme Court · 1885
- Fambrough v. FambroughSupreme Court of Georgia · 1952