Legal Opinion
Boswell v. Ivie
Court of Appeals of Georgia
Decided March 13, 1924No. 15104PublishedCited by 11 opinions
Trover; from city court of Greensboro—Judge Fisher. September 14, 1923.
1Opinion of the CourtBell, J.
The grantor in a security deed to land, while remaining in the peaceable possession thereof, has such interest and right of possession in the lumber sawn from the timber thereon as will defeat an action of trover for the lumber by the grantee in the security deed. So also as to the right and interest of one who has purchased the timber, or the lumber, from him. Colquitt County Land Co. v. Rowell, 30 Ga. App. 738 (1) (119 S. E. 223). This rule is not altered by the fact that the debt secured by the deed was past due when the timber was cut. Broxton v. Ennis, 96 Ga. 792 (1) (22 S. E. 945) “To…
2Cases cited3 opinions
- Birmingham Fertilizer Co. v. DozierCourt of Appeals of Georgia · 1913
- Colquitt County Land Co. v. RowellCourt of Appeals of Georgia · 1923
- Broxton v. EnnisSupreme Court of Georgia · 1895
3Cited by11 opinions
- Underwood v. UnderwoodCourt of Appeals of Georgia · 1931
- Groover v. Savannah Bank & Trust Co.Supreme Court of Georgia · 1938
- Livingston v. Epsten-Roberts Co.Court of Appeals of Georgia · 1934
- Federal Land Bank v. Saint Clair Lumber Co.Court of Appeals of Georgia · 1938
- Raines v. GrahamCourt of Appeals of Georgia · 1952
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