Brinson v. Kirkland
Supreme Court of Georgia
Action for trespass. Before Judge Parker. Coffee superior court. July 16, 1904. This was a proceeding by Brinson, as surviving partner of Brinson & Son, to enjoin Mack Kirkland from committing trespass, and for the recovery of damages for timber cut by him on lot 121 in the 7th district of Coffee county. Both parties claimed under Timothy Fussell as a common grantor, the defendant having the oldest recorded paper title.
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Action for trespass. Before Judge Parker. Coffee superior court. July 16, 1904. This was a proceeding by Brinson, as surviving partner of Brinson & Son, to enjoin Mack Kirkland from committing trespass, and for the recovery of damages for timber cut by him on lot 121 in the 7th district of Coffee county. Both parties claimed under Timothy Fussell as a common grantor, the defendant having the oldest recorded paper title. It appears that on October 16, 1879, in consideration of $160, Fussell sold to “M. Kirkland, his heirs and assigns,” all the timber on lot 121, in the 7th district of Coffee…
1Opinion of the CourtLamar, J.
(After stating the facts.) The defendant held under the deed which conveyed to him the timber in fee simple. It said nothing whatever about timber suitable for sawmill purposes, or for turpentine purposes. In this respect it differs from the instruments which- are coustrued in McRae v. Stillwell, 111 Ga. 65; Goette v. Lane, 111 Ga. 403; Allison v. Wall, 121 Ga. 822. Whether, in view of Baxter v. Mattox, 106 Ga. 354, this is a material difference we purposely refrain from discussing. The decision might be of far-reaching consequence. The point should only be decided after full argument. The…
2Cases cited4 opinions
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
- Baxter & Co. v. MattoxSupreme Court of Georgia · 1898
- Allison v. WallSupreme Court of Georgia · 1905
- Goette v. LaneSupreme Court of Georgia · 1900
3Cited by9 opinions
- Baker v. KenneySupreme Court of Iowa · 1910
- Grant v. HaymesSupreme Court of Georgia · 1927
- Shippen Bros. Lumber Co. v. GatesSupreme Court of Georgia · 1911
- Red Cypress Lumber Co. v. BeallCourt of Appeals of Georgia · 1908
- Knox v. AlwoodDistrict Court, S.D. Georgia · 1915
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