Legal Opinion
Pope v. Barnett
Court of Appeals of Georgia
Decided February 23, 1932No. 21656PublishedCited by 10 opinions
1Opinion of the CourtB'eld, J.
1. “The sale of standing timber, where the contract contemplates that the growing trees are to remain in the soil for a fixed time or indefinitely, at the pleasure of the vendee, concerns an interest in the land. Moore v. Vickers, 126 Ga. 42 (54 S. E. 814). On the other hand, the prevailing rule seems to be that if the trees sold are to be immediately severed from the soil and carried away, and are not to be left to grow and attain additional strength from the soil, the sale is that of personal property, and not of an interest in land.” Graham v. West, 126 Ga. 624 (55 S. E. 931).
2. “A…
2Cases cited15 opinions
- Oklahoma Vinegar Co. v. Carter & FordSupreme Court of Georgia · 1902
- Hadden v. Southern Messenger ServiceSupreme Court of Georgia · 1910
- Clarke Bros. v. McNattSupreme Court of Georgia · 1909
- Rounsaville & Brother v. Leonard Manufacturing Co.Supreme Court of Georgia · 1907
- Dilman Bros. v. Patterson Produce & Commission Co.Court of Appeals of Georgia · 1907
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Paullus v. YARBROUGH ET UXOregon Supreme Court · 1959
- SMALLEY v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2001
- Rankin v. RidgeNew Mexico Supreme Court · 1948
- Seabolt v. ChristianCourt of Appeals of Georgia · 1950
- Pope v. BarnettCourt of Appeals of Georgia · 1934
5 more not listed; retrieve them via the Exa API.