Compton v. Fender
Supreme Court of Georgia
Equitable petition. Before Judge Mitchell. Thomas superior court. May 21, 1908. Hansell W. Compton and other's brought their action -against J. Floyd Fender, praying an injunction to prevent the cutting of timber, and also to recover damages. The plaintiffs introduced a plat and grant from the State to Charles W. Compton, and then offered the answers of Hansell W. Compton to interrogatories.
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Equitable petition. Before Judge Mitchell. Thomas superior court. May 21, 1908. Hansell W. Compton and other's brought their action -against J. Floyd Fender, praying an injunction to prevent the cutting of timber, and also to recover damages. The plaintiffs introduced a plat and grant from the State to Charles W. Compton, and then offered the answers of Hansell W. Compton to interrogatories. He testified, that he lived in Atlanta, and was the son of Charles W. Compton, who died in 1884; that the mother of the witness and his sister survived their father; that his father died without leaving a…
1Opinion of the CourtLumpkin, J.
1. Under the. decision in Greenfield v. McIntyre, 112 Ga. 691 (38 S. E. 44), “The best method of proving that no administration was ever had upon a particular estate is to introduce the evidence of the ordinary, or of another who has examined the records in the court of ordinary where letters of administration should' have been granted, that no such letters are shown by those records.” Cowan v. Corbett, 68 Ga. 66, 70; Wilson v. Wood, 127 Ga. 316 (56 S. E. 457).
2. The best evidence which exists of the facts sought to be proved must be produced, unless its absence is satisfactorily accounted…
2Cases cited3 opinions
- Greenfield v. McIntyreSupreme Court of Georgia · 1901
- Cowan v. CorbettSupreme Court of Georgia · 1881
- Wilson v. WoodSupreme Court of Georgia · 1907
3Cited by8 opinions
- Ballard v. BallardSupreme Court of North Carolina · 1949
- Gornto v. WilsonSupreme Court of Georgia · 1914
- City of Atlanta v. HawkinsCourt of Appeals of Georgia · 1932
- Dixon v. PattersonSupreme Court of Georgia · 1910
- Flint River & Northeastern Railroad v. MaplesCourt of Appeals of Georgia · 1912
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