Georgia Peruvian Ochre Co. v. Cherokee Ochre Co.
Supreme Court of Georgia
Equitable petition. Before Judge Tarver. Bartow superior court. June 19, 1920. The Georgia Peruvian Ochre Company filed a petition in Bar-tow superior court, naming the Cherokee Ochre Company and Thompson, Weinman & Company as defendants.
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Equitable petition. Before Judge Tarver. Bartow superior court. June 19, 1920. The Georgia Peruvian Ochre Company filed a petition in Bar-tow superior court, naming the Cherokee Ochre Company and Thompson, Weinman & Company as defendants. The petition, as amended, set forth substantially the following allegations: The plaintiff is the owner of the minerals upon land lot No. 531, and the Cherokee Ochre Company is the owner of the minerals upon land lot No. 478, the latter lot being adjacent to and immediately north of lot 531, and both being in the fourth district and third section of Bartow…
1Opinion of the CourtGeorge, J.
“A demurrer to the whole bill should be overruled if any part thereof be sustainable.” Hudson v. Hudson, 119 Ga. 637 (46 S. E. 874). But it is insisted that the petition does not allege any act or omission on the part of either of the defendants, constituting a violation of any right of the plaintiff, and that no judgment is prayed against either of the defendants, in that a declaratory judgment only is prayed. It appears that the lessee has deposited in bank to the credit of the plaintiff the sum of $1767, representing the royalties at the rate of one dollar per ton on ore mined by the…
2Cases cited5 opinions
- Teasley v. BradleySupreme Court of Georgia · 1900
- Hudson v. HudsonSupreme Court of Georgia · 1904
- Blaisdell v. BohrSupreme Court of Georgia · 1881
- Brown v. WilcoxSupreme Court of Georgia · 1918
- Scott v. ScottSupreme Court of Georgia · 1861
3Cited by16 opinions
- Smith v. HancockSupreme Court of Georgia · 1926
- Brooke v. DellingerSupreme Court of Georgia · 1941
- Bridges v. BrackettSupreme Court of Georgia · 1949
- Nottingham v. ElliottSupreme Court of Georgia · 1953
- Calhoun v. EdwardsSupreme Court of Georgia · 1947
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