Legal Opinion

Flint River Lumber Co. v. Smith

Supreme Court of Georgia

Decided June 22, 1910Published

Reputable petition. Before Judge Park. Decatur superior court. The Flint Fiver Lumber Company instituted suit against. G. O. Smith and the Smith Lumber Company, a firm composed of J. W. White and J. F. It. Smith, for the recovery of a tract of land and damages on account of trespasses committed thereon. The plaintiff based its right to recover on an alleged grant from the State • and an unbroken chain of title from the State’s grantee to itself.

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Reputable petition. Before Judge Park. Decatur superior court. The Flint Fiver Lumber Company instituted suit against. G. O. Smith and the Smith Lumber Company, a firm composed of J. W. White and J. F. It. Smith, for the recovery of a tract of land and damages on account of trespasses committed thereon. The plaintiff based its right to recover on an alleged grant from the State • and an unbroken chain of title from the State’s grantee to itself. On the trial the plaintiff offered in evidence a certified copy of a deed from the Bank of Milledgevillc to James IT. Horn, alleged to be one of the…

1Opinion of the CourtAtkinson, J.

1. The ruling announced in the first headnote does not require elaboration.

2. The objections (2 to 5 inclusive) which were .interposed to the admission of the deed from the Bank of Milledgeville to James U. Horn were without merit. This results from a construction of the charter of the bank and the application of the ruling of this court made in the case of Veasey v. Graham, 17 Ga. 99 (63 Am. D. 228). The act incorporating the Bank of Milledgeville, among other things, declared: “That the bills obligatory and of credit, notes, and other contracts whatsoever in behalf of the said corporation…

2Cases cited5 opinions

  1. Fain v. GarthrightSupreme Court of Georgia · 1848
  2. Rowe v. SpencerSupreme Court of Georgia · 1909
  3. Gress Lumber Co. v. CoodySupreme Court of Georgia · 1896
  4. Lessee of Veasey v. GrahamSupreme Court of Georgia · 1855
  5. Hammond, Hull & Co. v. WilcherSupreme Court of Georgia · 1887

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