Mobley v. Baxter & Co.
Supreme Court of Georgia
Equitable petition. Before Judge Quineey. Clinch superior court. March 27, 1914. S. S. Mobley brought an equitable petition against Gk S. Barter & Company and W. H. Mobley, seeking to enjoin the defendants from cutting, working, or using certain timber.
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Equitable petition. Before Judge Quineey. Clinch superior court. March 27, 1914. S. S. Mobley brought an equitable petition against Gk S. Barter & Company and W. H. Mobley, seeking to enjoin the defendants from cutting, working, or using certain timber. The abstract oE title attached to plaintiff’s petition showed that he claimed under a chain of title beginning with a grant from the State to Thomas Taylor in 1848. The next link in the chain was a deed signed by a number of persons. This deed was dated Januáry 2, 1896. It recited that the persons signing it (except Ebenezer Wakeley and his…
1Opinion of the CourtLumpkin, J.
(After.stating the foregoing facts.)
1. The evidence of Wakeley was properly excluded. It was merely a conclusion on his part. It did not appear that Wakeley was a member of the family of Thomas Taylor, deceased. The witness did not state any family repute known to him, or any statements of deceased persons who were members of the family, or any other distinct admissible fact. He stated the death of Taylor and its date, who were his heirs, and which of them survived at a certain time, and other facts in regard to them. He testified that he did not know of the death of Taylor or who were his…
2Cases cited1 opinion
- Imboden v. Etowah & Battle Branch, Mining Co.Supreme Court of Georgia · 1883
3Cited by4 opinions
- Rogers v. ManningSupreme Court of Georgia · 1946
- Alexander v. StateSupreme Court of Georgia · 1969
- Mobley v. PierceSupreme Court of Georgia · 1915
- Cone v. LythgoeCourt of Appeals of Georgia · 1929