Compton v. Newton
Supreme Court of Georgia
Complaint for land. Before Judge Párker. Clinch superior court. May 4, 1907. Compton filed an equitable petition against D. C. Newton and II. T. Newton, seeking to enjoin said defendants from trespassing on lot of land 387, alleged to belong to the plaintiff, and to recover damages for such trespass. The defendants in their answer admitted working the timber on the land for turpentine purposes, but claimed the right to work it under a lease.to them from W. J. Peeves.
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Complaint for land. Before Judge Párker. Clinch superior court. May 4, 1907. Compton filed an equitable petition against D. C. Newton and II. T. Newton, seeking to enjoin said defendants from trespassing on lot of land 387, alleged to belong to the plaintiff, and to recover damages for such trespass. The defendants in their answer admitted working the timber on the land for turpentine purposes, but claimed the right to work it under a lease.to them from W. J. Peeves. The title of the plaintiff to the land rested upon a grant from the State to the plaintiff, dated October 1, 1850. He…
1Opinion of the CourtBeck, J.
(After stating the facts.) The defendants in this case held under W. J. Eeeves and the validity of their defense depends upon the question as to whether or not Eeeves had a good title to the land upon which the alleged acts of trespass were committed. If Eeeves had good title, their defense was complete, and a verdict in their favor would have been required. If Eeeves had no title, the defendants were liable in damages to the plaintiff under the facts disclosed by the record, and the verdict in their favor was unauthorized. Eeeves relied upon prescriptive title, maintaining that he had been…
2Cases cited2 opinions
- Lee v. OgdenSupreme Court of Georgia · 1889
- Brown v. WellsSupreme Court of Georgia · 1872
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