Georgia Railroad v. Hart
Supreme Court of Georgia
Ejectment. Jurors. Deeds. Evidence. Lease. Before Judge Bartlett, Greene Superior Court. March Term, 1877. On August 17,1875, Hart brought ejectment against the Georgia Eailroad for three lots of land at Union Point, adjoining its right of way. Both parties claimed under Morton — the railroad by deed made on March 28,1838, conveying right of way the width of one hundred feet, on each side, from the center of the road-bed.
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Ejectment. Jurors. Deeds. Evidence. Lease. Before Judge Bartlett, Greene Superior Court. March Term, 1877. On August 17,1875, Hart brought ejectment against the Georgia Eailroad for three lots of land at Union Point, adjoining its right of way. Both parties claimed under Morton — the railroad by deed made on March 28,1838, conveying right of way the width of one hundred feet, on each side, from the center of the road-bed. This instrument contained the provision that the railroad should have the right, in fee simple, to all lands necessary for the use of the road on which to erect workshops,…
1Opinion of the Court
Bleckley, Judge.
1. The son of a stockholder in a private corporation is an incompetent juror, where the corporation is a party. This is the true law (see 5 Bac. Abr., 353, 354), though, in South Carolina), a stockholder himself has been held competent *552after verdict. 12 Rich. Law, 134, 368. See the better view in 1 Foster, 438. The ground of disqualification was unknown until after trial, and was consequently cause for a new trial. 28 Ga., 439; 47 Ib., 538.
2. The question of necessary buildings, at the given location, was one of fact, not of law. The uncertainty of description in the writing…
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