Florida Yellow Pine Co. v. Flint River Naval Stores Co.
Supreme Court of Georgia
Injunction. Before Judge Frank Park. Decatur superior court. May 12, 1913. On May 11, 1911, J. R. G-holson executed to C. Cunningham an instrument which expressed a consideration of $1.00. It then declared that Cunningham “has granted, bargained, leased, and conveyed, and does by these presents grant, bargain, lease, and convey unto the said party of the second part, his heirs and assigns, for the sum of oue hundred and fifty ($150.00) dollars, all of the timber upon the…
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Injunction. Before Judge Frank Park. Decatur superior court. May 12, 1913. On May 11, 1911, J. R. G-holson executed to C. Cunningham an instrument which expressed a consideration of $1.00. It then declared that Cunningham “has granted, bargained, leased, and conveyed, and does by these presents grant, bargain, lease, and convey unto the said party of the second part, his heirs and assigns, for the sum of oue hundred and fifty ($150.00) dollars, all of the timber upon the following described tract of land, for the purpose of cupping, working, and otherwise using said timber for turpentine…
1Opinion of the CourtLumpkin, J.
Each party claimed under what is called a lease of the timber, for turpentine purposes, from the same owner. The taker of the subsequent lease proceeded to use the timber for those purposes. The holder of the first lease sought to enjoin such operation as a continuing trespass. The presiding judge granted an interlocutory injunction, requiring bond to be given. The case turned on the question, which of the contestants had the superior right-? The instrument under which the plaintiff claimed was in the form of a deed, reciting a present consideration of $1.00 paid, and stating that the further…
2Cases cited3 opinions
- Florida Yellow Pine Co. v. Flint River Naval Stores Co.Supreme Court of Georgia · 1913
- Baxter & Co. v. MattoxSupreme Court of Georgia · 1898
- Clyatt v. Barbour Bros.Supreme Court of Georgia · 1900
3Cited by1 opinion
- Kirkland v. OdumSupreme Court of Georgia · 1923