Legal Opinion

Shackelford v. Fitzgerald

Supreme Court of Georgia

Decided January 14, 1921No. 2003PublishedCited by 15 opinions

Petition for injunction. Before Judge Gower. Wilcox superior court. March 15, 1920. G. O. Shackelford, Thomas J. Shackelford, and F. C. Shackelford filed their petition against J. O. Fitzgerald, alleging as follows: They owned certain lots of land in Wilcox county, had a perfect title to the lands and to the timber growing thereon, and had been in quiet; peaceable, and adverse possession under written title for. a number of years.

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Petition for injunction. Before Judge Gower. Wilcox superior court. March 15, 1920. G. O. Shackelford, Thomas J. Shackelford, and F. C. Shackelford filed their petition against J. O. Fitzgerald, alleging as follows: They owned certain lots of land in Wilcox county, had a perfect title to the lands and to the timber growing thereon, and had been in quiet; peaceable, and adverse possession under written title for. a number of years. G. O. Shackelford, on October 15, 1919, executed a lease in the name of Shackelford Brothers to certain timber for turpentine purposes on certain described lands,…

1Opinion of the CourtBeck, P. J.

(After stating the foregoing facts.) The material portions of the lease under which the defendant claimed the right to turpentine all of the trees suitable for that purpose are as follows: “The said party of the first part [Shackelford Brothers] in consideration of the sum of $950.00 . . has granted, bargained, leased and conveyed unto the said party of the second part [Fitzgerald], his heirs and assigns, at the rate of nine Hundred and fifty dollars all of the timber upon the following described tract of land, for the purpose of boxing, working, and otherwise using said timber for turpentine…

2Cases cited1 opinion

  1. Surles v. MilikinSupreme Court of Georgia · 1895

3Cited by15 opinions

  1. McCann v. Glynn Lumber CompanySupreme Court of Georgia · 1945
  2. Williams v. Physicians & Surgeons Community Hospital, Inc.Supreme Court of Georgia · 1982
  3. Jackson v. Brinegar, Inc.Court of Appeals of Georgia · 1983
  4. Capital Wall Paper Co. v. Callan Court Co.Court of Appeals of Georgia · 1928
  5. Stanley v. GreenfieldSupreme Court of Georgia · 1950

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