Harrold v. Seaboard Air-Line Railway
Supreme Court of Georgia
Equitable petition. Before Judge Littlejohn. Sumter superior court. March 29, 1907. Uriah B. Harrold, Mrs. Mary E. Boone, Louisa E. Davenport, Mariah Harrold, and Mrs. Josephine Johnson, administratrix of H. B. Johnson, deceased, brought an action against the Seaboard Air-Line Bailway and.
Read the full summary
Equitable petition. Before Judge Littlejohn. Sumter superior court. March 29, 1907. Uriah B. Harrold, Mrs. Mary E. Boone, Louisa E. Davenport, Mariah Harrold, and Mrs. Josephine Johnson, administratrix of H. B. Johnson, deceased, brought an action against the Seaboard Air-Line Bailway and. C. J. Clark, to recover certain real estate in the city of Americus, alleging the following facts: On October 27, 1886, H. B. Johnson, lately deceased, Uriah B. Harrold, and Thomas Harrold, lately deceased, conveyed to the Americus, Breston & Lumpkin Bailroad Company certain real estate in the city of…
1Opinion of the CourtBeck, J.
(After stating the facts.)
The court below did not err in sustaining the demurrer to the petition in this case. The conveyance to the predecessor in title of the defendant railroad company contained the following stipulation: “To have said several lots under the same tenor as if the same had been regularly condemned for right of way, depot, yards, side-tracks, and other railroad purposes.” If we give to the stipulation in the conveyance the construction -given to if by counsel for plaintiffs in error, that is, that the grantees in the conveyance took only an easement in the land such as they…
2Cases cited3 opinions
- Moss v. ChappellSupreme Court of Georgia · 1906
- Mayor of Macon v. East Tennessee, Virginia & Georgia Railway Co.Supreme Court of Georgia · 1889
- Georgia Railroad & Banking Co. v. Mayor of MaconSupreme Court of Georgia · 1891
3Cited by1 opinion
- Atlantic Coast Line Railroad v. Stovall-Pace Co.Court of Appeals of Georgia · 1919