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Rivers v. Hollingsworth

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eBook details

  • Title: Rivers v. Hollingsworth
  • Author : Supreme Court of Georgia
  • Release Date : January 08, 1943
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

Mrs. R. L. Rivers filed a petition against W. B. Hollingsworth alleging that she is the owner of described land in Fayette County, bounded on the east by the Southern Railway; that defendant has trespassed by cutting and removing timber therefrom; that he has no title, but claims part of the land under quitclaim deeds from the Southern Railway Company; that his acts constitute a continuing trespass, resulting in irreparable injury. The prayers are, for injunction to prevent the cutting of timber, damages, and cancellation of the quitclaim deeds held by defendant. In an amendment the plaintiff alleged that two quitclaim deeds from the Southern Railway Company to the defendant, dated December 21, 1939, were recorded on April 7, 1943, after the filing of the suit, under which he claims title to a strip of land 100 feet wide, belonging to petitioner; that the railroad company never had any title to the land, but only an easement to pass over it. The defendant in his answer claims no interest in the land described in the petitioner's complaint, but sets forth that he is the owner and has recorded deeds to lands adjoining that of petitioner; that he is not a trespasser, nor has he cut any timber from any portion of petitioner's lands; that the record shows that petitioner's land is bounded on the east by the Southern Railway right of way, and that no portion of said right of way has ever been conveyed to petitioner. In an amendment the defendant admits that his deeds were recorded on April 7, 1943, but denies that any portion of the lands so conveyed belongs to petitioner, or that she has any right or title in the land set out in his answer.


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