Crawford v. Crawford
Supreme Court of Georgia
Equitable petition. Before Judge Patterson. Fannin superior court. June 17, 1914. J. M. Crawford instituted an action against W. G. Crawford, to cancel certain deeds as clouds upon title, and to enjoin the removal of timber and otherwise interfering with his occupancy of the land. After several amendments the petition was dismissed on demurrer, and the plaintiff excepted.
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Equitable petition. Before Judge Patterson. Fannin superior court. June 17, 1914. J. M. Crawford instituted an action against W. G. Crawford, to cancel certain deeds as clouds upon title, and to enjoin the removal of timber and otherwise interfering with his occupancy of the land. After several amendments the petition was dismissed on demurrer, and the plaintiff excepted. One of the deeds was a sheriff’s deed to J. E. Crawford executed in 1895, in pursuance of a sale of the land as the property of plaintiff. The other was a deed executed in 1912, from J. E. Crawford to his son, W. G.…
1Opinion of the CourtAtkinson, J.
If the allegations of the petition stated a cause of action before the amendment last referred to in the statement of facts, the quoted excerpt from that amendment changed the petition and rendered it subject to demurrer. The relief sought was affirmative and purely equitable — the cancellation of deeds as clouds upon title, and an injunction against interference with possession. There was no pretense of title in plaintiff, save as might be derived from his long-continued possession, which commenced in 1861. The excerpt mentioned above shows affirmatively that when he entered possession he…
2Cases cited3 opinions
- Flannery & Co. v. HightowerSupreme Court of Georgia · 1895
- Compton v. NewtonSupreme Court of Georgia · 1907
- David v. LevyU.S. Circuit Court for the District of Rhode Island · 1903
3Cited by9 opinions
- Whitworth v. WhitworthSupreme Court of Georgia · 1974
- Bowman v. BowmanSupreme Court of Georgia · 1949
- Mayor of Forsyth v. HooksSupreme Court of Georgia · 1936
- Thomas v. StedhamSupreme Court of Georgia · 1952
- Halpern v. THE LACY INVEST. CORP.Supreme Court of Georgia · 1989
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