Brigham v. Overstreet
Supreme Court of Georgia
Injunction. Before Judge Rawlings. Screven superior court. January 28, 1907. E. K. Overstreet brought an equitable action against Charles-Brigham and C. P. Baekley.
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Injunction. Before Judge Rawlings. Screven superior court. January 28, 1907. E. K. Overstreet brought an equitable action against Charles-Brigham and C. P. Baekley. The substance of the petition was as-follows: In August, 1905, Brigham sold and conveyed, by warranty deed, certain land to the Southern States Phosphate and Fertilizer Company, which company subsequently rented the land to Brigham for the year 1906. In April, 1906, the company sold the premises to Overstreet and transferred to him the note given it by Brigham for the rent for 19Ó6, possession of the lands being surrendered by the…
1Opinion of the CourtFish, C. J.
(After stating the facts.)
1-4. The court was authorized by the evidence to find that all of the various things involved in this controversy, except the manure, were placed upon the premises, in the manner described in the petition, by Brigham while he was the owner of the premises. Bealty or real estate includes all lands and the buildings thereon, and all things permanently attached to either. Civil Code, §3045. Any*450thing intended to remain permanently in its place, though not actually attached to the land (such as & rail fence), is a part of the realty and passes with it. Ib. §3049. In…
2Cases cited11 opinions
- Cunningham & Co. v. CuretonSupreme Court of Georgia · 1895
- Wolff v. SampsonSupreme Court of Georgia · 1905
- Wright v. DuBignonSupreme Court of Georgia · 1902
- Dickinson v. JonesSupreme Court of Georgia · 1867
- Griffin v. SketoeSupreme Court of Georgia · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Shingler v. ShinglerSupreme Court of Georgia · 1937
- Goger v. United States (In Re Janmar, Inc.)United States Bankruptcy Court, N.D. Georgia · 1979
- Atlantic Coast Line Railroad v. GunnSupreme Court of Georgia · 1937
- F. W. Woolworth Co. v. NelsonSupreme Court of Alabama · 1920
- Power v. GarrisonSupreme Court of Georgia · 1914
31 more not listed; retrieve them via the Exa API.