Broadhurst v. Carswell
Supreme Court of Georgia
Possessory warrant. Before Judge Roberts. Wilcox superior court. March 23, 1903. . The defendants bad certain standing timber which they contracted with Handley to cut and drift to their mill, at $5 per thousand feet.
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Possessory warrant. Before Judge Roberts. Wilcox superior court. March 23, 1903. . The defendants bad certain standing timber which they contracted with Handley to cut and drift to their mill, at $5 per thousand feet. Handley cut some of this timber and sold it to Broadhurst, the plaintiff, who took possession of it, and put the raft on which it was loaded in charge of Hamilton, with direction to carry it to Darien and turn it over to a lumber company for which the plaintiff was agent. On the next day Hamilton started to Darien with the timber, and, while on the river, was hailed by one of…
1Opinion of the CourtTurner, J.
The plaintiff in error sued out a possessory warrant against the defendants in error for certain personal property, and the magistrate, on the hearing before him, awarded the possession to the plaintiff; whereupon the defendants took the case to the superior court by certiorari. It appearing from the petition for certiorari and the answer of the magistrate that the plaintiff had, in good faith, acquired the property from one in possession thereof as the apparent owner of it, and that subsequently possession of the property was taken from the plaintiff’s servant, against his will and by…
2Cases cited6 opinions
- Hyatt v. WoodNew York Supreme Court · 1809
- Bush & Brother v. RawlinsSupreme Court of Georgia · 1888
- Marchman v. ToddSupreme Court of Georgia · 1854
- Roseberry v. RoseberrySupreme Court of Georgia · 1860
- Wilde v. CantillonNew York Supreme Court · 1799
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