Brown v. Mooney
Supreme Court of Georgia
Partition. Before Judge Kimsey. Hall superior court. July term, 1898. Mooney, Wood, and Boone filed a petition setting forth that they and Brown were the common owners of the mineral interest in certain described land, known as the McClusky mine, Mooney owning two fifths, and Wood, Boone, and Brown one fifth each; that the property was valuable for mining purposes only; “that no provision is made as to how said property should be divided, except as provided by law and…
Read the full summary
Partition. Before Judge Kimsey. Hall superior court. July term, 1898. Mooney, Wood, and Boone filed a petition setting forth that they and Brown were the common owners of the mineral interest in certain described land, known as the McClusky mine, Mooney owning two fifths, and Wood, Boone, and Brown one fifth each; that the property was valuable for mining purposes only; “that no provision is made as to how said property should be divided, except as provided by law and equity”;.and that a fair and equitable division of said mineral interest could not be made by metes and bounds. They prayed…
1Opinion of the CourtFish, J.
(after stating the foregoing facts). As will be-seen by the official report, Mooney, Wood, and Boone filed their petition for a partition of certain mining property, which was owned in common by them and Brown. They stated the interest of each in the property, alleged that it could not be-divided by metes and bounds, and prayed that there should be a sale of the same and a distribution of the proceeds thereof among the several owners in proportion to their respective interests. .Brown filed certain objections to a partition of the property. The court, without the intervention of a jury, tried…
2Cases cited3 opinions
- Griffin v. GriffinSupreme Court of Georgia · 1861
- Rodgers v. PriceSupreme Court of Georgia · 1898
- Hamby Mountain Gold Mines, Ltd. v. Calhoun Land & Mining Co.Supreme Court of Georgia · 1889
3Cited by5 opinions
- Baxter & Co. v. CampSupreme Court of Georgia · 1907
- Griffin v. GriffinSupreme Court of Georgia · 1922
- Clay v. ClaySupreme Court of Georgia · 1997
- Howell v. HowellSupreme Court of Georgia · 1925
- Pineband Club v. RobertCourt of Appeals for the Fourth Circuit · 1909