Henderson v. Armstrong
Supreme Court of Georgia
Equitable petition. Before Judge Martin. Wilcox superior , court. March 31, 1906. J. W. Armstrong and others brought suit, in the superior court of Wilcox County, against Parker A. Henderson, to enjoin the ■defendant from cutting the timber upon lots of land numbers 210 and 212 in the 8th district of that county, and for damages for the cutting of timber thereon.
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Equitable petition. Before Judge Martin. Wilcox superior , court. March 31, 1906. J. W. Armstrong and others brought suit, in the superior court of Wilcox County, against Parker A. Henderson, to enjoin the ■defendant from cutting the timber upon lots of land numbers 210 and 212 in the 8th district of that county, and for damages for the cutting of timber thereon. At the trial the plaintiffs amended the petition so as to claim damages for timber cut from the land after the filing of the suit. By agreement of the parties, the case, was tried by the judge, without the intervention of a 'jury,…
1Opinion of the CourtFish, C. J.
(After stating the facts.) The facts in this case are undisputed, and counsel agree that the case is controlled by a single question of law. The question upon which the case turns is, whether in a competition between a deed executed by the owner of land and a deed to the same land executed,, after his death, by those claiming title under a general devise of the whole of his estate, the older deed is defeated, when it appears that it was not recorded until after the younger deed was executed and duly recorded, and that this latter deed was taken without notice of the existence of the other.…
2Cases cited8 opinions
- Winter v. JonesSupreme Court of Georgia · 1851
- Tucker v. HarrisSupreme Court of Georgia · 1853
- Donovan v. SimmonsSupreme Court of Georgia · 1895
- Equitable Loan & Security Co. v. LewmanSupreme Court of Georgia · 1905
- Ellis v. Doe ex dem. SmithSupreme Court of Georgia · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wadley Lumber Co. v. LottSupreme Court of Georgia · 1908
- Saunders v. Citizens First National BankSupreme Court of Georgia · 1927
- Mathis v. SolomonSupreme Court of Georgia · 1939
- McCaskill v. StearnsSupreme Court of Georgia · 1912
- Culbreath v. MartinSupreme Court of Georgia · 1907