Burkhalter v. Wilson

Supreme Court of Georgia

Burkhalter v. Wilson

136 S.E. 409, 163 Ga. 467, 1927 Ga. LEXIS 6

Procedural entryThis page is a short order in Burkhalter v. Wilson. Read the opinion of the Court — 168 Ga. 566 →

Supreme Court of Georgia·Decided January 12, 1927·No. No. 5240·Published

Opinion

Atkinson, J.

This was a suit to enjoin the cutting of timber. The plaintiff and defendant claimed separate tracts of land from a common source of title. There was a conflict of evidence as to whether the land from which the timber was being taken was a part of the plaintiff’s tract. In the circumstances the judge did not abuse his discretion in refusing a temporary injunction.

Judgment affirmed.

All the Justices concur. W. T. Burlchalter and Kirkland & Kirkland, for plaintiff. W. E. Lcmier, for defendants.

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Atkinson, J.

This was a suit to enjoin the cutting of timber. The plaintiff and defendant claimed separate tracts of land from a common source of title. There was a conflict of evidence as to whether the land from which the timber was being taken was a part of the plaintiff’s tract. In the circumstances the judge did not abuse his discretion in refusing a temporary injunction.

Judgment affirmed.

All the Justices concur. W. T. Burlchalter and Kirkland & Kirkland, for plaintiff. W. E. Lcmier, for defendants.

Burkhalter v. Wilson, 136 S.E. 409, 163 Ga. 467, 1927 Ga. LEXIS 6 (Ga. 1927).

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