Hicks v. Portwood
Supreme Court of Georgia
Petition for injunction. Before Judge Edwards. Polk superior court. April 1, 1907. Nancy Hicks and others brought an equitable petition against John Portwood and another, alleging, that they were the heirs at law of John Hicks, who died seized and possessed of two described lots of land; that there was no administration on his estate; that John Portwood was in possession; that they claimed title to the same, and were entitled to recover the land and mesne profits; that they…
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Petition for injunction. Before Judge Edwards. Polk superior court. April 1, 1907. Nancy Hicks and others brought an equitable petition against John Portwood and another, alleging, that they were the heirs at law of John Hicks, who died seized and possessed of two described lots of land; that there was no administration on his estate; that John Portwood was in possession; that they claimed title to the same, and were entitled to recover the land and mesne profits; that they were informed that Portwood had sold the timber thereon to his codefendant, Williams, who was about to move a sawmill…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1. The rule is now well settled that an affidavit intended to be used in a legal investigation must be entitled in the cause in which it is intended to be used, or otherwise show upon its face that it is connected therewith. Hill v. McBurney Oil Co., 112 Ga. 788 (38 S. E. 42); Brucker v. O’Connor, 115 Ga. 95 (2) (42 S. E. 245.) The mere fact that an affidavit may be attached to another paper in'which the case is stated would not, in all cases, make the affidavit admissible, unless the paper was of such character as that it would necessarily be inferred that the…
2Cases cited2 opinions
- Brucker v. O'ConnorSupreme Court of Georgia · 1902
- Hill v. McBurney Oil & Fertilizer Co.Supreme Court of Georgia · 1901
3Cited by4 opinions
- Horton v. FultonSupreme Court of Georgia · 1908
- Falls City Manufacturing Co. v. Athens Coca-Cola Bottling Co.Supreme Court of Georgia · 1908
- Hearn v. HearnSupreme Court of Georgia · 1965
- Simon v. SimonSupreme Court of Georgia · 1938