Greer & Co. v. Raney
Supreme Court of Georgia
Action for damages. Before Judge Roberts. Wilcox superior court. May 15, 1903. The action was for trespass by cutting timber on a lot to which the plaintiffs claimed title as heirs at law, and by purchase from heirs at law, of Gideon T. Braddy.
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Action for damages. Before Judge Roberts. Wilcox superior court. May 15, 1903. The action was for trespass by cutting timber on a lot to which the plaintiffs claimed title as heirs at law, and by purchase from heirs at law, of Gideon T. Braddy. In the answer the defendants, for want of information, neither admitted nor denied that the plaintiffs were the heirs or successors in title of the heirs of Braddy; they denied that he had title to the land at'the time of his death, and averred that they had a right to enter upon the land, and did so in good faith, under a lease for turpentine purposes…
1Opinion of the CourtLamar, J.
1. There was no evidence in conflict with that offered by the plaintiffs to establish the fact that they were the heirs or successors in title from Braddy, and it was not error for the court so to instruct the jury. Southern Railway Co. v. Chit-wood, 119 Ga. 29; Civil Code, § 4334
2. The plaintiffs made out a prima facie case, and unless it was met by some sufficient defense they were entitled to recover for the value of the timber cut. There is no assignment that the verdict was excessive, and no ruling of the court on this branch of the subject which requires, the grant of a new trial. The…
2Cases cited10 opinions
- Baxley v. BaxleySupreme Court of Georgia · 1903
- Hays v. WestbrookSupreme Court of Georgia · 1895
- Hall v. StateSupreme Court of Georgia · 1903
- Georgia Southern & Florida Railway Co. v. ZarksSupreme Court of Georgia · 1899
- Harris v. KittleSupreme Court of Georgia · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wallace v. MizeSupreme Court of Georgia · 1922
- Chandler v. Mutual Life & Industrial Ass'nSupreme Court of Georgia · 1908
- Patellis v. TannerSupreme Court of Georgia · 1945
- Miller v. DeanCourt of Appeals of Georgia · 1966
- Smith v. StateSupreme Court of Georgia · 1929
4 more not listed; retrieve them via the Exa API.