Lee & Bradshaw v. Rogers
Supreme Court of Georgia
Injunction. Before Judge Thomas. Thomas superior court. May 24, 1920. In 1894 Moses Dukes executed a will, and died in 1898. The testator left a widow and ten children. Item one of the will, gave direction as to disposition of testator’s body. Item two directed all jugt debts to be paid.
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Injunction. Before Judge Thomas. Thomas superior court. May 24, 1920. In 1894 Moses Dukes executed a will, and died in 1898. The testator left a widow and ten children. Item one of the will, gave direction as to disposition of testator’s body. Item two directed all jugt debts to be paid. Item three provided: “ I give and bequeath to my beloved wife, Sarah Jane Dukes, for and- during her widowhood, all the property 1 own and possessed of: consisting of lands and tenements, horses, mules, cows, hogs, household and kitchen furniture, plantation tools, wagons, carts, buggies, carriages, all notes…
1Opinion of the CourtAtkinson, J.
1. Under a proper construction of the judgment granting the interlocutory injunction, the trial judge did not consider the conflict of evidence, but, viewing the evidence in its most favorable light for the defendants, decided as a matter of law that they did not have the right, as lessees of the life-tenant whose term had not expired, to work the trees growing upon the land for turpentine purposes. Under one phase of the conflicting evidence, the trees growing upon the land were being worked for turpentine purposes under leases executed by the testator at the time the will was executed and…
2Cases cited14 opinions
- Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
- Swayne v. Lone Acre Oil Co.Texas Supreme Court · 1905
- Roby v. NewtonSupreme Court of Georgia · 1905
- Koen v. BartlettWest Virginia Supreme Court · 1895
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States v. Turner Turpentine Co.Court of Appeals for the Fifth Circuit · 1940
- O'Berry v. StateSupreme Court of Georgia · 1922
- First Nat. Bank of Mobile v. WefelSupreme Court of Alabama · 1949
- Dooley v. BohannonSupreme Court of Georgia · 1940
- Willie v. Hines-Yelton Lumber Co.Supreme Court of Georgia · 1926
9 more not listed; retrieve them via the Exa API.