Reports of Cases in Law and Equity: Argued and Determined in the Supreme Court of the State of Georgia, Svazek 81 |
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Strana 1
The declaration in the code that possession , to be the foundation of prescription ,
must not originate in fraud , means such fraud as is actual , moral fraud , as
distinguished from legal fraud . Hunt et al . vs. Dunn et al . , 74 Ga . 120 , doubted
...
The declaration in the code that possession , to be the foundation of prescription ,
must not originate in fraud , means such fraud as is actual , moral fraud , as
distinguished from legal fraud . Hunt et al . vs. Dunn et al . , 74 Ga . 120 , doubted
...
Strana 2
It seems that it would be a fraud , under the facts , to deprive defendant of the
land . ( a ) While the court below might have left the matter of good faith to the jury
, yet as they would have been obliged to find in favor of defendant , the case will ...
It seems that it would be a fraud , under the facts , to deprive defendant of the
land . ( a ) While the court below might have left the matter of good faith to the jury
, yet as they would have been obliged to find in favor of defendant , the case will ...
Strana 6
They insist , therefore , that having this notice of the want of authority of the
executors to sell this land , his action amounted in law to a fraud , and no
prescription would arise in his favor . They contend that a legal , as well as a
moral fraud ...
They insist , therefore , that having this notice of the want of authority of the
executors to sell this land , his action amounted in law to a fraud , and no
prescription would arise in his favor . They contend that a legal , as well as a
moral fraud ...
Strana 7
Georgia. Supreme Court. Ware et al . vs. Barlow . and the bill alleged that Wylie
knew that Weems had no power or authority to sell ; and the court said that in a
case of that kind the fraud must be actual . In the case of Wright vs. Smith , 43 Ga .
Georgia. Supreme Court. Ware et al . vs. Barlow . and the bill alleged that Wylie
knew that Weems had no power or authority to sell ; and the court said that in a
case of that kind the fraud must be actual . In the case of Wright vs. Smith , 43 Ga .
Strana 8
Barlow . possession , has notice that he is committing a fraud , that the title under
which he enters is forged or fraudulent . His entry is not bona fide ; his claim of
right is only pretended . But if he have no actual notice , if he honestly thinks his ...
Barlow . possession , has notice that he is committing a fraud , that the title under
which he enters is forged or fraudulent . His entry is not bona fide ; his claim of
right is only pretended . But if he have no actual notice , if he honestly thinks his ...
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action administrator admitted affirmed agent agreed alleged allowed amount appears applied Atlanta authority bank bill bond brought cars cause charge claim Company complained contract corporation counsel creditors damages death debt decision deed defendant deliver effect entered entitled et al evidence excepted execution executor facts filed fraud further Georgia give given granted ground hands held hold husband Ibid interest issue Judge judgment jury Justice land levied March matter motion notice paid parties person plaintiff in error plea possession present proper proved purchase question Railroad Railroad Company reason received record recover refused rendered Reported road rule sell sold sued sufficient suit superior court sustained term testified testimony tion tort trial trustee verdict whole wife witness