Georgia Reports Volume 108

Georgia Reports Volume 108

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...and decree, duly rendered in the case, whereby the lands were divided in a certain and definite way among the parties and commissioners were appointed to have the land surveyed and to make a division thereof bet-ween the parties in accordance with the stipulations of the verdict and decree, a return of a majority of such commissioners, showing the surveys and partition made of the various tracts in dispute, was not conclusive upon the parties litigant, and either party had the right to file objections to such return. It was, therefore, error for the court to strike objections duly filed by either party, setting forth facts which, if true, clearly indicated that the report of the commissioners was the result of either fraud or mistake depriving the objecting party of rights to which he was clearly entitled under the verdict and decree. 2. Even if in such a case the commissioners thus appointed were empowered with the authority and duty of determining all matters of dispute between the parties touching the land-lines and boundaries of the tracts in dispute, it was nevertheless error to overrule the objections of a party, setting forth facts indicating that the lines and boundaries around a certain tract were established contrary to all the evidence before them upon the subject, and in such a way as to work an unconscientious advantage to the opposite party and deprive the objector of valuable property to which he was entitled under the verdict and decree. Argued June S, --Decided July 25, 1899. Objections to return of commissioners. Before Judge Reese. Lincoln superior court. October term, 1898. William lI. Howard and John T. West, for plaintiff. q LEWIS, J. Mary A. Shumate filedher equitable petition, in the superior court of Lincoln county,show more

Product details

  • Paperback | 350 pages
  • 189 x 246 x 19mm | 626g
  • United States
  • English
  • black & white illustrations
  • 1236951921
  • 9781236951922