Bennett v. Southern Pine Co.
Supreme Court of Georgia
Equitable petition. Before Judge Parker. Ware superior court. January 3, 1905. The Southern Pine Company of Georgia and J. L. Crawley filed their equitable petition against B. A. and C. O. Bennett, seeking to obtain an injunction against the defendants to prevent them from cutting timber, for the purpose of making cross-ties, on certain land.
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Equitable petition. Before Judge Parker. Ware superior court. January 3, 1905. The Southern Pine Company of Georgia and J. L. Crawley filed their equitable petition against B. A. and C. O. Bennett, seeking to obtain an injunction against the defendants to prevent them from cutting timber, for the purpose of making cross-ties, on certain land. The corporation claimed to be the owner, and Crawley to have a lease to the land from it, for the purpose of cutting cross-ties, and also for making turpentine. The chain of title under which the plaintiffs claimed was as follows: A fi. fa. issued by tbe…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) Certain allegations of the defendant’s answer were stricken on motion. One of them was, that the owner of the land in dispute had regularly returned and paid taxes on' it, “ but that through an error of the receiver of tax returns said lot was sold in the year 1878, as being in default.” There is no law, and it is hardly conceivable that there could be one, which would authorize a sale of land for taxes if they had been regularly returned and the taxes paid. Such a sale would be without authority and would convey no title. This particular allegation, however, is not…
2Cases cited21 opinions
- Bourquin v. BourquinSupreme Court of Georgia · 1904
- Morrison v. WhitesideSupreme Court of Georgia · 1902
- Carpenter v. MinterTexas Supreme Court · 1888
- Greer v. FergersonSupreme Court of Georgia · 1898
- Burns v. LedbetterTexas Supreme Court · 1881
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3Cited by20 opinions
- Durham v. CrawfordSupreme Court of Georgia · 1943
- BX CORPORATION v. JeterSupreme Court of Georgia · 1953
- Land USA, LLC v. Georgia Power CompanySupreme Court of Georgia · 2015
- Forrester v. LoweSupreme Court of Georgia · 1941
- Whitaker Acres, Inc. v. SchrenkCourt of Appeals of Georgia · 1984
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