Obrázky stránek

Levy of fi. fa. for $3.60, on 100 acres land worth $1,200, is excessive

and void. Brinson vs. Lassiter, 40(1).
Same: Deed void on its face, if it show the fact of such ex-

cessive levy. Ibid. Life tenant chargeable with, if accrued while she lived and was en

titled to income. McCook vs. Harp, 229(5). Redemption; when sale was for tax and under judgments both, ten

der should cover amount purchaser paid, and the pre-
miums. Clower vs. Fleming, 247(1).
Same: How and when tender should be made, discussed.

Ibid. 247(3).
Redemption, wild land, if returned, must be within one year. Millen

vs. Howell, 653. Sureties of tax-collector, making good his default in failing to collect,

cannot compel State to issue execution for their use. Irby
vs. Livingston, 284.
Same: Sureties can obtain relief in equity against default-

ing tax-payer. Ibid. Sureties paying off comptroller's fi. fa. against tax-collector, subro

gated to all the rights and liens of the State. Ibid. 281. Title: Purchaser gets title good against reversioners, or other in

terests, where assessment was against the particular lot.
Gross vs. Taylor, 86.
Aliter: If assessment was general against all the prop-
erty of tenant in possession, purchaser got no better title

than he had. Ibid. Transfer to tax-collector; he stands in position of citizen, and de

fendant may resist by judicial interference. Irby vs. Living

ston, 284. Wild land, returned and sold, must be redeemed within one year,

under 2898. Millen vs. Howell, 653.
Same: 3874(b) applies only to unreturned wild land. Ibid.


Non-delivery of message in time; not liable for possible profits to be

made by person to whom sent. Clay vs. Western Union
Telegraph Co. 285(1).
Same: Demurrer properly sustained here. Ibid. 285 (2).


Redemption of land sold for taxes, tender in, how made. Clower vs.

Fleming, 246(3).


Ejectment, tenant can recover in, only his interest. Baker vs. Mid

dlebrooks, 494.
Same: Surviving partner cannot recover lands not in actual

use by firm. Ibid. Sale by administrator of “south half” of lot which intestate owned

as, divested title of heirs. King vs. Cabiniss, 661.

TITLE. See Husband and Wife ; Tax; Trorer.
Admissions by P. after conveying to T. and parting with posses-

sion, inadmissible against T. Towner v8. Thompson, 174. Color: forged bond for title; bond by pretended agent, without

authority, is good color of title to base prescription on. Millen vs. Stines, 655.

Same: Simmons vs. Lane, 25 Ga. 178, distinguished. Ibid. Constructive notice does not make a title fraudulent. Ware vs. Bar

low, 6. Declarations by one in possession in disparagement of, admissible.

Johnson vs. Cox, 25. Estoppel; deed in plaintiff's possession from his testator to de

fendant, not estop defendant from denying plaintiff's title.

Parker vs. Waycross & Florida, 388(3). Fraud between administrator and first vendee, not affect title of

subsequent one without notice. King vs. Cabiniss, 662(3). Horse swapper, after exchange consummated, cannot resume pos

session, and convey title to purchaser. Cook vs. Pinkerton,

89(1, 2). Innocent purchaser without notice protected. Lathrop vs. White, 37. Prescriptive; bond for title signed by pretended agent, and author

ity disproved, is forged, and is good color to base prescription on.

Millen vs. Stines. 655. Prescriptive; one who holds under tenant for life, acquires none,

against remaindermen, suing within seven years. Bagley vs.

Kennedy, 721.
Prescription, to 'prevent title by, fraud must be actual.

Ware 18.
Barlow, 1(1).
Same: Purchaser from agent of two executors, not know-

ing that there was a third, protected, when. Ibid. 1(la). Reservation of, not executed and recorded properly, subject to dis

tress for rent contracted after. Gartrell vs. Clay, 327. Sale by constable where no seizure, and property not at place of

sale, conveys none. Yoemans vs. Bird, 340.

Tax sale of land as property of tenant for life, life estate only

passes. Clower vs. Fleming, 252.

Aliter, if sold for taxes of that specific property only. Ibid. Trover; evidence as to title being in third person immaterial, when

defendant claims through grantee from plaintiff. Conley is.

Thornton, 154(2). Trustee to hold during coverture of tenant for life, has no title to

fee. Bagley vs. Kennedy, 721. Usury, defendant may show, in deed or other writing, to defeat

plaintiff's recovery. Jaques vs. Stewart, 81(1).

Same: And this without filing a plea to that effect. Ibid. Warrant, executor or administrator cannot. Wells vs. Harper, 194.


Fire, setting one's house on, to get insurance; action by tenant in

jured in health by fright and exposure. Bray vs. Latham,

641. Health already impaired, a tort to, is redressed by giving damages

for any further impairment, or obstruction to recovery.

Ibid. 610(2). Set-off'; damages arising from a tort cannot be pleaded to suit on

contract. Green is. Combs, 210. Water, grant of right to dam, with reservation that no injury to be

done spring; if spring injured either in artificial state at date of contract, or in its natural state, actionable. Ford

v8. Lukens, 633. Water injuriously projected forward over lower land, by moving

natural obstruction above, actionable. Grant 18. Kuglar,
Same: That no damage done at point of entry, but only

Icwer down, not alter case. Ibid.

Issue docket, answer of sheriff as to service traversed, case should be

entered on. Harris' 1's. Lowe, 676.

TRESPASS. See Criminal Law.
Cutting timber (cross-ties); evidence sustains finding as to number

received by defendant. Parker vs. Waycross & Florida,

388/4). Cutting timber; defendant held liable for cross-ties received, but

not for timber which was " not to belong to it until it had become part of the road-bed.” Ibid. 388(5).

Cutting timber; plaintiff's deed attacked as forged; certificate from

executive department as to attesting officer, sufficient to

bar recovery, when. Ibid. 387(2). Deed, one who merely has a, but is not in possession, cannot re

cover for. Ibid. 387(2c). Force to expel licensee of right to sell lunches, railroad may use,

after revocation. Fluker is. Geo gir Railroad, 461(1). Landlord entering rented premises, breaking house, and seizing

tenant's cotton, liable in. Shores vs. Brooks, 468(1).
Same: Punitive damages recoverable, though proceeds

fairly applied to lien debt. Ibid. Landlord liable in, for breaking house to seize effects sold him by

tenant, without first demanding surrender. Ibid. 469,2). Master not liable for trespass of employés of subcontractors. Par

ker vx. Waycross & Florida, 388 6). Measure of damages, rules for ascertaining stated, when timber cut

and carried away from land. Ibid. 388(7), 396. Punitive damages awarded against landlord for entering rented

premises, breaking house, and seizing property. Shores vs. Brooks, 169(1, 2).

TRIAL. See Practice in Superior Court.


Conversion by grantee under conveyance for benefit of creditors, to

defeat action, fraud of plaintiff must be shown beyond a

reasonable doubt. Conley vs. Thornton, 154,1). In pari delicto, as a defence to the action, discussed. Ibid. 154(1, 2). Interest added on value from time of conversion. Western & At

lantic Railroad 18. Young, 414. Measure of damages; value at time of conversion, and hire, recov

erable. Jaques 18. Steuart, 81(2).
Same: If plaintiff' elects highest value, then no hire or in-

terest recoverable. Ibid. Seller of mule who took note reserving title, and transferred it, can

not recover without surrender of note. Tiduell 18. Burkett,
Same: Bringing the action was equivalent to a rescission.


Swap of horses is complete when terms settled and exchange made.

Cook vs. Pinkerton, 89(1).
Same: After this, for one party wrongfully to resume pos-

session is a tort. Ibud.
Same: He can convey no title to purchaser from him.

Same: Conversations which are part of the res gestæ of the

swap and resumption, admissible. Ibid. Title in third person, evidence as to, immaterial where defendant

claims through grantee from plaintiff. Conley vs. Thornton,

154(2). Title, plaintiff must show, in order to recover. Jaques vs. Stewart,

Same: Defendant may attack it (bill of sale to mules) by

showing usury in it. Ibid. Value of four bales cotton at Rome cannot be inferred from value of

six bales (including the four) at Cincinnati. Simpson vs.
Cincinnati Railway, 495.
Same: Nor from the value of the other two bales at Rome,

weight and quality not shown. Ibid. Verdict; election of plaintiff. See Measure of Damages, under this


Barred: rule that when trustee is barred by prescription, beneficia-

ries are also, defined and explained. Eust Rome Co. vs.

Cothran, 359(2). Confederate money; trustee could receive and use as prudent men

dealt with their own. McCook vs. Harp, 236(2).

Same: Principle not apply where he mixed funds. Ibid. Estate, under words of conveyance here, limited to life of trustee.

East Rome Co. vs. Cothran, 359(1). Estoppel in standing by and seeing improvements made; facts in

issue; temporary injunction not controlled. Ibid. 360(5). Executed ; deed on January 2, 1867, to husband as trustee for wife,

vested title in her immediately. Lathrop vs. White, 29(1). Inheritance; trustee, without words of, in conveyance creating

trusts, and in wills with such words, takes only estate necessary for trust.

East Rome Co. vs. Cothran, 361. Legal estate, under terms of deed here, passed to trustee for the

term of his life and no longer, the alternative remainder in his family or himself being a legal remainder not covered by the trust. Ibid. 359(1).

« PředchozíPokračovat »