Field v. Howell
Supreme Court of Georgia
Motion to dissolve injunction. Decided by Judge Wright,. at Chambers, November, 1849. John D. Field, sen. filed his bill, returnable to Lumpkin Superior Court, against Andrew Howell, charging, that in 1848, at a Sheriff’s sale in Union County, he-became the purchaser of lot No.'93-, in the 10th district and 1st section of originally Cherokee now Union County, sold as the property of one Lorenzo D. Smith, and-took, a deed to the same from the Sheriff, who thereafter put the…
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Motion to dissolve injunction. Decided by Judge Wright,. at Chambers, November, 1849. John D. Field, sen. filed his bill, returnable to Lumpkin Superior Court, against Andrew Howell, charging, that in 1848, at a Sheriff’s sale in Union County, he-became the purchaser of lot No.'93-, in the 10th district and 1st section of originally Cherokee now Union County, sold as the property of one Lorenzo D. Smith, and-took, a deed to the same from the Sheriff, who thereafter put the complainant in possession of the same ;• that said lot was valuable for gold mining, but at the time of the sale,, the…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] It seems that Howell, the defendant in error, had filed a bill against the plaintiff Field, to enjoin him from working on a gold mine in the County of Lumpkin, in which bill he sets up a lease to the mine from one Smith, the original proprietor, of older date than the judgment against Smith, under which Field claims title, and also avers, that his (Field’s) title is fraudulent and void. The injunction against Field was granted, and being still undissolved, Howell entered upon the premises and proceeded to dig gold. Field then brings his bill,…
2Cases cited4 opinions
- Clark's Executors v. Van RiemsdykSupreme Court of the United States · 1815
- Blackwell v. Board of JusticesIndiana Supreme Court · 1828
- Manchester v. DeyNew York Court of Chancery · 1837
- Paulling v. SturgusSupreme Court of Alabama · 1830
3Cited by10 opinions
- Murphey v. HarkerSupreme Court of Georgia · 1902
- Hutcheson v. HodnettSupreme Court of Georgia · 1902
- Southern Airways Co. v. DeKalb CountySupreme Court of Georgia · 1960
- Anderson v. Kokomo Rubber Co.Supreme Court of Georgia · 1926
- Morse v. StateCourt of Appeals of Georgia · 1911
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