Yahoola River & Cane Creek Hydraulic Hose Mining Co. v. Irby
Supreme Court of Georgia
Trespass qucere clausum fregit. Damages. Before Judge Knight. Lumpkin Superior Court. September Term, 1869. Irby brought trespass quare clausum fregit against the Yahoola River and Cane Creek Hydraulic Hose Mining Company, averring that it had with force and arms broken and entered land lot 345, in said county, and cut and carried therefrom' three hundred trees, of the value of $500 00. The defendant pleaded the general issue and Statute of Limitations.
Read the full summary
Trespass qucere clausum fregit. Damages. Before Judge Knight. Lumpkin Superior Court. September Term, 1869. Irby brought trespass quare clausum fregit against the Yahoola River and Cane Creek Hydraulic Hose Mining Company, averring that it had with force and arms broken and entered land lot 345, in said county, and cut and carried therefrom' three hundred trees, of the value of $500 00. The defendant pleaded the general issue and Statute of Limitations. Plaintiff’s attorney, to show title in plaintiff, read in evidence a grant of said lot from the State to Archibald Walraven, a deed from…
1Opinion of the CourtMcCay, J.
1. We see no reason why the recital in a deed by John and Jacob Doe, that they are the heirs-at-law of William Doe, should be any evidence of that fact. Any other two men might make a deed with the same recital in it, and there would be no reason why the recital in one of the deeds should be taken for true rather than in the other. ' To make out a title to land, all that would be necessary, if this were the law,,would be to write a deed to it, setting forth that the maker of the deed was the heir-at-law of the true owner. Such recitals bind the parties to a deed, and all persons claiming…
2Cases cited2 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Doe ex dem. Clements v. RoeSupreme Court of Georgia · 1848
3Cited by46 opinions
- Burns v. HorkanSupreme Court of Georgia · 1906
- Tift v. Golden Hardware Co.Supreme Court of Georgia · 1949
- First National Bank v. CodySupreme Court of Georgia · 1894
- Parker v. Waycross & Florida RailroadSupreme Court of Georgia · 1889
- Investment Securities Corp. v. ColeSupreme Court of Georgia · 1938
41 more not listed; retrieve them via the Exa API.