Supreme Court of Georgia, 1906

Knight v. Suddeth & Crenshaw

Supreme Court of Georgia · Decided August 13, 1906 · Beck

126 Ga. 231; 55 S.E. 31; 1906 Ga. LEXIS 365

Cases that cite this one

2 later published cases cite this decision.

United States v. 550.6 Acres of Land (United States District Court for the Northern District of Georgia 1945)
Leverett v. Tift (Ga. Ct. App. 1909)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Beck, J.

1. The remedy afforded by the provisions in the Civil Code, § 3628, for attacking a deed upon the ground of forgery, is merely cumulative. Sibley v. Haslam, 75 Ga. 493.

2. Upon an interlocutory hearing of an equitable petition for injunction the provisions of the above section of the code are not applicable; nevertheless any deed, ancient or modern, which is offered as a muniment of title, may be attacked as a forgery by any competent evidence submitted to the judge of the superior court hearing the application.

3. One of the deeds in the case at bar, which was a necessary link in the plaintiff’s chain of title, having been attacked for forgery, and the evi*232dence upon that issue being conflicting, this court will not disturb the judgment of the lower court in denying the injunction prayed for.

Submitted March 3, Decided August 13, 1906.

Petition for injunction. Before Judge Mitchell. Berrien superior court. August 3, 1905.

W. (?. Harrison by Z. D. Harrison, for plaintiff. Quincey & McDonald, for defendants.

Judgment affirmed.

All the Justices concur, except Fish, O. J., absent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.