Cherokee Mills v. Standard Cotton Mills
Supreme Court of Georgia
Action for damages. Before Judge Edwards. Polk superior court. September 9,1911. The Cherokee Mills, a corporation, and certain individuals brought suit against the Standard Cotton Mills. The petition, as amended, alleged, among other things, as follows: The Cherokee Mills owned a .tract of land. Lying north of this land and between it and the main line of a railroad was the property of the. Standard Cotton Mills, consisting of a tract of about ten acres.
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Action for damages. Before Judge Edwards. Polk superior court. September 9,1911. The Cherokee Mills, a corporation, and certain individuals brought suit against the Standard Cotton Mills. The petition, as amended, alleged, among other things, as follows: The Cherokee Mills owned a .tract of land. Lying north of this land and between it and the main line of a railroad was the property of the. Standard Cotton Mills, consisting of a tract of about ten acres. At the time the buildings of the Cherokee Mills were erected there was a spur-track or side-track running from the main line of the…
1Opinion of the CourtLumpkin, J.
1. Without entering into a discussion of authorities in other jurisdictions on the subject of parol licenses and easements, section 3645 of the Code of this State declares the following rule: “A parol license is primarily revocable at any time, if its revocation does no harm to the person to whom it has been granted; but is not revocable when the licensee has executed it and in so doing has incurred expense. In such case it becomes an easement running with the land.” See also Sheffield v. Collier, 3 Ga. 82; Mayor &c. of Macon v. Franklin, 12 Ga. 239; Winham, King & Aldridge v. McGuire, 51 Ga.…
2Cases cited11 opinions
- Mayor of Macon v. FranklinSupreme Court of Georgia · 1852
- Morrow v. Southern Express Co.Supreme Court of Georgia · 1897
- Stovall v. Coggins Granite Co.Supreme Court of Georgia · 1902
- Sheffield v. CollierSupreme Court of Georgia · 1847
- Brantley v. PerrySupreme Court of Georgia · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Calhoun v. OzburnSupreme Court of Georgia · 1938
- Miller v. SlaterSupreme Court of Georgia · 1936
- Bosworth v. NelsonSupreme Court of Georgia · 1930
- Woodruff v. BowersSupreme Court of Georgia · 1927
- Mathis v. HolcombSupreme Court of Georgia · 1959
7 more not listed; retrieve them via the Exa API.