Hart v. Lewis, Shore & Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Mitchell. Brooks superior court. April 14, 1906. On March 7, 1906, Mrs. Mattie Hart filed her petition against Lewis, Shore & Company, a partnership, alleging that she was the owner of a described parcel of land, and that the defendants without authority were proceeding to cut the timber thereon. She prayed that the trespass about to be committed be enjoined.
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Petition for injunction. Before Judge Mitchell. Brooks superior court. April 14, 1906. On March 7, 1906, Mrs. Mattie Hart filed her petition against Lewis, Shore & Company, a partnership, alleging that she was the owner of a described parcel of land, and that the defendants without authority were proceeding to cut the timber thereon. She prayed that the trespass about to be committed be enjoined. It was averred, that D. W. Hart died in possession of the land, leaving S. E. Hart and T. H. Hart as his only heirs at law; that they agreed that S. E. Hart should have a life-estate in the land, and…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) The application was not under the timber cutters act (Civil Code, §4927); nor did the evidence authorize an injunction upon the ground that ■the defendants were insolvent. The evidence did authorize a finding that the plaintiff was the owner of the land and timber by prescription. It also appeared that both plaintiff and defendants claimed under a common grantor. Brundage v. Bivens, 105 Ga. 805. The allegations of the petition and the evidence were sufficient to show that the injury would be irreparable. Damages would not adequately compensate the…
2Cases cited7 opinions
- Huxford v. Southern Pine Co.Supreme Court of Georgia · 1905
- Gray Lumber Co. v. GaskinSupreme Court of Georgia · 1905
- Camp v. Dixon, Mitchell & Co.Supreme Court of Georgia · 1901
- Massee-Felton Lumber Co. v. SirmansSupreme Court of Georgia · 1905
- Brundage v. BivensSupreme Court of Georgia · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McRae v. SmithSupreme Court of Georgia · 1927
- Neal Lumber & Manufacturing Co. v. O'NealSupreme Court of Georgia · 1932
- Wells v. First National Exhibitors' Circuit Inc.Supreme Court of Georgia · 1919
- Couey v. Talalah Estates Corp.Supreme Court of Georgia · 1936
- Stewart & Brother v. Davis-Sears Lumber Co.Supreme Court of Georgia · 1909
1 more not listed; retrieve them via the Exa API.