Ballard v. James

Supreme Court of Georgia

Ballard v. James

45 S.E. 68, 117 Ga. 823, 1903 Ga. LEXIS 351

CourtSupreme Court of Georgia

DecidedJune 27, 1903

StatusPublished

Cited by1 cases

This text of 45 S.E. 68 (Ballard v. James) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ballard v. James, 45 S.E. 68, 117 Ga. 823, 1903 Ga. LEXIS 351 (Ga. 1903).

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Opinion

Simmons, C. J.

1. The defendant showed good title by prescription, under color of title, and was not- bound by the headright grant, having had no notice as provided in the Civil Code,' § 3227. It was therefore not erroneous to direct a verdict in his favor.

2. While in a former suit the title to. the land had been involved, one who was not a party to such suit, was not vouched into court therein, and did not, in person or by attorney, participate in the trial thereof, was not bound by the judgment therein. Judgment affirmed.

All the Justices concur.

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Simmons, C. J.

1. The defendant showed good title by prescription, under color of title, and was not- bound by the headright grant, having had no notice as provided in the Civil Code,' § 3227. It was therefore not erroneous to direct a verdict in his favor.

2. While in a former suit the title to. the land had been involved, one who was not a party to such suit, was not vouched into court therein, and did not, in person or by attorney, participate in the trial thereof, was not bound by the judgment therein. Judgment affirmed.

All the Justices concur.

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Bluebook (online)

45 S.E. 68, 117 Ga. 823, 1903 Ga. LEXIS 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ballard-v-james-ga-1903.

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