Toland v. Brewster
Supreme Court of Georgia
Equitable petition. Before Judge Edwards. Polk superior court. December 9, 1914. J. S. Brewster brought a petition against A. A. Camp, alleging as follows: W. A. Camp, being the owner of a, large plantation in Polk county, known as the John Hutchings farm, on February-24, 1890, conveyed it to his wife, Lillie M. Camp, by deed which was duly recorded on March 24, 1890. This deed contained the following clause: “Warrant as to everything except a certain deed-to mineral…
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Equitable petition. Before Judge Edwards. Polk superior court. December 9, 1914. J. S. Brewster brought a petition against A. A. Camp, alleging as follows: W. A. Camp, being the owner of a, large plantation in Polk county, known as the John Hutchings farm, on February-24, 1890, conveyed it to his wife, Lillie M. Camp, by deed which was duly recorded on March 24, 1890. This deed contained the following clause: “Warrant as to everything except a certain deed-to mineral interest in some of these lots I made to T. B. Bush sometime in December, 1889.” Lillie M. Camp borrowed from the Travelers…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.).1. The plaintiff is not entitled to have the alleged forged deeds canceled as a cloud upon his title, for the reason that the parties to the deeds are not parties to the action. But his petition will not be dismissed if he is entitled to prosecute the action to enjoin a destructive trespass on his property by an insolvent trespasser. It is alleged that the original defendant claimed title to the minerals by virtue of a deed from John C. Merritt, but that no such deed appears of record, and that in fact Merritt never had title to the mineral interest in the…
2Cases cited4 opinions
- Gaston v. Gainesville & Dahlonega Electric Railway Co.Supreme Court of Georgia · 1904
- Long v. BullardSupreme Court of Georgia · 1877
- Setze v. First National BankSupreme Court of Georgia · 1913
- Simms v. FreiherrSupreme Court of Georgia · 1897
3Cited by5 opinions
- Doe v. NewtonSupreme Court of Georgia · 1930
- Davis v. AuerbachCourt of Appeals of Georgia · 1949
- Elrod v. ElrodSupreme Court of Georgia · 2000
- Nodvin v. Plantation Pipe Line Co.Court of Appeals of Georgia · 1992
- Toland v. BrewsterSupreme Court of Georgia · 1918