Wadley Lumber Co. v. Lott
Supreme Court of Georgia
Trespass. Before Judge Parker. Coffee superior court. October 9, 1906. This is an action of trespass quare clausum fregit, wherein J. S. Lott sued the Wadley Lumber Company for damages from cutting and converting to its own use timber growing upon lands claimed by Lott.
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Trespass. Before Judge Parker. Coffee superior court. October 9, 1906. This is an action of trespass quare clausum fregit, wherein J. S. Lott sued the Wadley Lumber Company for damages from cutting and converting to its own use timber growing upon lands claimed by Lott. It appears that the defendant claimed title only from B. Peterson under a deed dated January 10, 1904, which was lawfully recorded the 26th day of March, 1906, but not until after the alleged trespass, nor until after the suit was filed. The plaintiff also claimed title under a deed executed by B. Peterson to Lott, dated July…
1Opinion of the CourtAtkinson, J.
1. As a muniment of title necessary to support his action, the plaintiff relied upon the deed to himself from Peterson, which contained the recital quoted in the statement of facts. That deed was in the form of an ordinary fee-simple warranty deed, except that it also contained the recital to which reference has already been made. As the plaintiff’s right to recover depended upon the sufficiency of this instrument as a conveyance of title, the finding in favor of the plaintiff depended upon the effect of this instrument. It is' proper, therefore, under the general grounds of the motion for…
2Cases cited13 opinions
- Atlanta, Knoxville & Northern Railway Co. v. McKinneySupreme Court of Georgia · 1906
- Moss v. ChappellSupreme Court of Georgia · 1906
- Spence v. MorrowSupreme Court of Georgia · 1907
- Durrence v. Northern National BankSupreme Court of Georgia · 1903
- Lee v. O'QuinSupreme Court of Georgia · 1898
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3Cited by29 opinions
- Sanders v. First Nat. Bank of AtlantaSupreme Court of Georgia · 1939
- Mayor of Gainesville v. Brenau CollegeSupreme Court of Georgia · 1920
- Dix v. WilkinsonSupreme Court of Georgia · 1919
- Floyd v. HooverCourt of Appeals of Georgia · 1977
- Gearhart v. West Lumber CompanySupreme Court of Georgia · 1955
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