Legal Opinion

Garbutt v. Mayo

Supreme Court of Georgia

Decided May 15, 1907PublishedCited by 33 opinions

Equitable petition. Before Judge Bawlings. Tattnall superior court. September 7, 1905. Garbutt & Donovan brought an equitable petition against W. T. Mayo and his wife, M. B. Mayo, C. S. Meadows and his wife, Sophronia Meadows, and others, alleging, that the plaintiffs were partners and were the owners of the timber on a described parcel of land, which they had purchased from Moseley, who had executed to them a timber lease; that at the time they purchased the timber, Moseley…

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Equitable petition. Before Judge Bawlings. Tattnall superior court. September 7, 1905. Garbutt & Donovan brought an equitable petition against W. T. Mayo and his wife, M. B. Mayo, C. S. Meadows and his wife, Sophronia Meadows, and others, alleging, that the plaintiffs were partners and were the owners of the timber on a described parcel of land, which they had purchased from Moseley, who had executed to them a timber lease; that at the time they purchased the timber, Moseley had also given a turpentine lease to W. J. Evans; that at the time of the purchase they believed that all of the land…

1Opinion of the CourtCobb, P. J.

(After stating the facts.)

1. The motion for.a new trial presents a number of questions. Among them is the question as to whether Mrs. Meadows and Mrs. Mayo have title at all to the land claimed by them. We will first *273deal with, the question as to whether, under the evidence, Mrs. Meadows has sustained her claim of title. She claims under a deed from her father, C. C. Moseley, dated December 12, 1897. The first attack made upon her deed is that it was never delivered. While the evidence on this question was conflicting, it was sufficient to authorize a finding that there was a delivery. ■ The…

2Cases cited5 opinions

  1. Charleston & Western Carolina Railway Co. v. HughesSupreme Court of Georgia · 1898
  2. Martin v. WhiteSupreme Court of Georgia · 1902
  3. Deford v. MercerSupreme Court of Iowa · 1867
  4. Smith v. McWhorterSupreme Court of Georgia · 1905
  5. Bell v. SappingtonSupreme Court of Georgia · 1900

3Cited by33 opinions

  1. Sikes v. SeckingerSupreme Court of Georgia · 1927
  2. Grace v. MeansSupreme Court of Georgia · 1907
  3. Liles v. Bank of Camden CountySupreme Court of Georgia · 1921
  4. Agricultural Credit Corp. v. North DakotaNorth Dakota Supreme Court · 1945
  5. Broadwell v. MaxwellCourt of Appeals of Georgia · 1923

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