Knapp v. Harris
Supreme Court of Georgia
Equity. Trusts. Administrators and executors. Evidences. Yerdict. New trial. Before Judge Tompkins. Chatham Superior Court. May Term, 1877. Mi’s. Emma A. Harris and her four children, brought ejectment against Knapp for a lot of land in the city of Savannah, containing a count for mesne profits. The defendant pleaded the general issue, and the four-year statute of limitations to the demand for mesne profits.
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Equity. Trusts. Administrators and executors. Evidences. Yerdict. New trial. Before Judge Tompkins. Chatham Superior Court. May Term, 1877. Mi’s. Emma A. Harris and her four children, brought ejectment against Knapp for a lot of land in the city of Savannah, containing a count for mesne profits. The defendant pleaded the general issue, and the four-year statute of limitations to the demand for mesne profits. The plaintiff introduced the following evidence, viz: An agreement between counsel to the following facts, made to be used as evidence in the cause for the benefit of both parties, viz:…
1Opinion of the Court
Bleckley, Judge.
1. The case of Milledge vs. Bryan, 48 Ga., 397, construes the act of 1854, in relation to sales ordered at chambers. It is best to abide by that construction. The subject matter of the act is dealt witli by the Code in section 2327. There was no trust in the case before us, and the property was not under the jurisdiction of chancery by reason of pending litigation. The order or decree of sale was made without authority, and was, consequently, void.
2. Equity may, in some cases, interfere with the administration of the estates of deceased persons, or direct the management and…
2Cases cited5 opinions
- Tucker v. HarrisSupreme Court of Georgia · 1853
- Worthy v. JohnsonSupreme Court of Georgia · 1850
- Sanford v. SanfordSupreme Court of Georgia · 1877
- Milledge v. BryanSupreme Court of Georgia · 1873
- Hazelhurst v. MorrisonSupreme Court of Georgia · 1873
3Cited by8 opinions
- Fleming v. HughesSupreme Court of Georgia · 1896
- Smith v. McWhorterSupreme Court of Georgia · 1905
- Ethridge v. PittsSupreme Court of Georgia · 1921
- Mize v. HarberSupreme Court of Georgia · 1940
- Humber v. GarrardSupreme Court of Georgia · 1949
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