McDonough & Co. v. Carter & Co.
Supreme Court of Georgia
Action of trespass. Before Judge MacDonell. City court of Savannah. November term, 1895. On April 13, 1895, P. H. Carter & Co. sued J. J. McDonough & Co, for cutting and carrying away the merchantable saw-mill timber on lot of land 97 in the 5th district of Appling county. The court directed a verdict in favor of plaintiffs for the value of the timber at the time it was cut. Defendants moved for a new trial, which was denied, and they excepted.
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Action of trespass. Before Judge MacDonell. City court of Savannah. November term, 1895. On April 13, 1895, P. H. Carter & Co. sued J. J. McDonough & Co, for cutting and carrying away the merchantable saw-mill timber on lot of land 97 in the 5th district of Appling county. The court directed a verdict in favor of plaintiffs for the value of the timber at the time it was cut. Defendants moved for a new trial, which was denied, and they excepted. Plaintiffs introduced two warranty deeds, both recorded on February 20, 1894; the first from W. J. Mann, dated November 17, 1891, conveying to O. W.…
1Opinion of the Court
Lumpkin, Justice.
1. In Whiddon et al. v. Williams Lumber Co., decided at the present term {ante, 700), this court held, that in order to maintain an action of trespass upon realty, brought to recover damages to the freehold, the plaintiff, if not in possession when the injury was committed, would have to-show that he was the true owner of the land by proving; *707title in. himself; and that, in snch case, mere proof of former possession would not be sufficient to show title. The present case differs from that in the. essential particular that the trespass here complained of was committed while…
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