Roby v. Newton
Supreme Court of Georgia
Equitable petition. Before Judge Lewis. Jasper superior court. January 11, 1904. This was an action by the heirs at law of a decedent against his widow, who was in possession of a tract of land which had been set apart as her dower, upon which land we.re situated the mansion house and other improvements.
Read the full summary
Equitable petition. Before Judge Lewis. Jasper superior court. January 11, 1904. This was an action by the heirs at law of a decedent against his widow, who was in possession of a tract of land which had been set apart as her dower, upon which land we.re situated the mansion house and other improvements. It is alleged that the widow has committed waste, in that she has allowed the improvements to become out of repair, and has also actually destroyed other improvements, having also cut timber growing upon the land. It is also alleged that the acts complained of were done wantonly, with a…
1Opinion of the CourtCobb, J.
1. By the ancient common law, the only persons punishable for waste were guardians in chivalry, tenants in dower and by the curtesy. Lessees for life and for years were not liable. This distinction was made for the reason that tenancies of the character first named were created by law, and the law must therefore • furnish a remedy for a violation of the rights of the owner of the inheritance; and lessees for life or for years acquired their interest by contract with the owner of the fee, who could have protected himself against loss in this respect. The punishment for waste by the common law…
2Cases cited11 opinions
- Kollock v. WebbSupreme Court of Georgia · 1901
- Small v. SlocumbSupreme Court of Georgia · 1900
- Austell v. SwannSupreme Court of Georgia · 1885
- Dickinson v. JonesSupreme Court of Georgia · 1867
- Woodward v. GatesSupreme Court of Georgia · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- United States v. MurdockSupreme Court of the United States · 1934
- Bryan v. United StatesSupreme Court of the United States · 1998
- Brown v. BullockCourt of Appeals for the Second Circuit · 1961
- Townsend v. United StatesCourt of Appeals for the D.C. Circuit · 1938
- Georgia Farm Bureau Mutual Insurance v. WallSupreme Court of Georgia · 1978
39 more not listed; retrieve them via the Exa API.