Middlebrooks & Co. v. Ferguson
Supreme Court of Georgia
Injunction. Before Judge Parker. Clincli superior court. June 26, 1905. Walton Ferguson, Jr., brought a petition for injunction against J. A. Middlebrooks, J. D. Middlebrooks, II. J. Finney, and J. T. Finney, composing the firm of J. A. Middlebrooks & Co., to restrain them from cutting any timber on lots of land 110, 183, 184, and 185, in the 13th district of Clinch county.
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Injunction. Before Judge Parker. Clincli superior court. June 26, 1905. Walton Ferguson, Jr., brought a petition for injunction against J. A. Middlebrooks, J. D. Middlebrooks, II. J. Finney, and J. T. Finney, composing the firm of J. A. Middlebrooks & Co., to restrain them from cutting any timber on lots of land 110, 183, 184, and 185, in the 13th district of Clinch county. The defendants filed .a sworn plea to the jurisdiction, in which it was alleged that neither of them, at the beginning of the suit or at the time of filing the plea, resided in Clinch county, but that all of them resided…
1Opinion of the CourtCobb, P. J.
1. The case turns upon a single question, and that is, whether the deed from Mrs. Lumsden to Garmany was made in execution of the power of sale conferred upon her, as trustee, by the will of her husband, William O. Lumsden, and therefore conveyed to the grantee a fee-simple title to the entire interest in the lands described therein, or was merely her individual deed, conveying to the grantee only her individual interest in a life-estate in such lands. This is the only question argued here upon either side, though counsel for plaintiffs in error, in discussing it, as presented by the…
2Cases cited5 opinions
- Terry v. RodahanSupreme Court of Georgia · 1888
- Smith v. McWhorterSupreme Court of Georgia · 1905
- George P. Thomas & Co. v. CrawfordSupreme Court of Georgia · 1876
- Jennings v. Coleman & NewsomSupreme Court of Georgia · 1877
- Bailie v. Carolina Interstate Building & Loan Ass'nSupreme Court of Georgia · 1896
3Cited by5 opinions
- Mahoney v. ManningSupreme Court of Georgia · 1910
- Nort v. Healy Real Estate & Improvement Co.Supreme Court of Georgia · 1911
- Grayson v. Germania BankSupreme Court of Georgia · 1913
- Lewis v. Tennille Banking Co.Supreme Court of Georgia · 1973
- Beecher v. NewtonSupreme Court of Georgia · 1923