Roberson v. Downing Co.
Supreme Court of Georgia
Equitable petition. Before Judge Parker. Wayne superior court. August 11, 1903. The Downing Company filed an equitable petition against Roberson, to quiet the title to lot 88 in the second district of Wayne county, and to enjoin acts of trespass. The'defendants claimed under paper title, having entered thereunder on a part of the land, shortly before the suit was filed.
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Equitable petition. Before Judge Parker. Wayne superior court. August 11, 1903. The Downing Company filed an equitable petition against Roberson, to quiet the title to lot 88 in the second district of Wayne county, and to enjoin acts of trespass. The'defendants claimed under paper title, having entered thereunder on a part of the land, shortly before the suit was filed. The plaintiff also claimed under a paper title, one link of which was a deed from Lewis, deputy sheriff, under a sale by virtue of a tax fi. fa. for $3.70 against W. B. Parker, to Mumford, recorded in 1863. Mumford did not…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) 1. The deed from Burbage to Armitage, dated March 11, 1881, was witnessed by John H. McCollough and E. H. Harris, notary public. Ic was recorded March 14, 1881, but the clerk erroneously entered the name of the notary public as T. H. Harris. The defendants therefore insist that the possession thereunder by Armitage, and thereafter by McDonough and Mrs. Lary, was not possession under a duly-recorded deed, and hence there could be no constructive possession of the entire tract described' in the color. Civil Code, § 3786. But bad writing by the notary,…
2Cases cited34 opinions
- Chandler v. SpearSupreme Court of Vermont · 1850
- Thompson v. . BurhansNew York Court of Appeals · 1874
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Smith & Bondurant v. MeadorSupreme Court of Georgia · 1885
- Parker v. JonesSupreme Court of Georgia · 1876
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3Cited by12 opinions
- Shingler v. BaileySupreme Court of Georgia · 1911
- Downing v. AndersonSupreme Court of Georgia · 1906
- Parramore v. AlexanderSupreme Court of Georgia · 1909
- Reynolds v. SmithSupreme Court of Georgia · 1938
- Dodge v. CowartSupreme Court of Georgia · 1908
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