Beacham v. Wrightsville & Tennille Railroad
Supreme Court of Georgia
Equitable petition. Before Judge Lewis. Laurens superior court. January 28, 1905. The -Wrightsville and Tennille Eailroad Company, hereinafter called the Wrightsville Company, brought an action against L. C. Beacham.
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Equitable petition. Before Judge Lewis. Laurens superior court. January 28, 1905. The -Wrightsville and Tennille Eailroad Company, hereinafter called the Wrightsville Company, brought an action against L. C. Beacham. The substance of the petition was: The Dublin and Wrightsville Eailroad Company (hereafter called the Dublin Company) was a domestic corporation, chartered in 1885. In February or March, 1886, the Dublin Company contracted with the firm of Beacham & Holmes, composed of defendant and C. L. Holmes, to locate a station on its line of road at Condor in Laurens county, upon land owned…
1Opinion of the CourtFish, C. J.
As will be seen by reference to the foregoing report of the ease, the title to the land in question was in dispute, and defendant was in possession. It was held in Vaughn v. Yawn, 103 Ga. 557: “The office of an injunction being, under the code of this State, merely to restrain and not to compel the performance of an act, this remedy is not available for the purpose of evicting a party from the actual possession of land, the right to which is in dispute between himself and another; and consequently such a result can not be indirectly accomplished by an order restraining the party in possession…
2Cases cited3 opinions
- Russell v. Mohr-Weil Lumber Co.Supreme Court of Georgia · 1897
- Vaughn v. YawnSupreme Court of Georgia · 1897
- Paschal v. TillmanSupreme Court of Georgia · 1898
3Cited by11 opinions
- Gross v. WhitelySupreme Court of Georgia · 1907
- Early v. HamptonCourt of Appeals of Georgia · 1914
- Braswell v. PalmerSupreme Court of Georgia · 1940
- Baldwin v. FisherSupreme Court of Minnesota · 1910
- Richardson v. DuPreeCourt of Appeals of Georgia · 1924
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