(DOWNLOAD) "City Atlanta v. Fulton County Et Al." by Supreme Court of Georgia # Book PDF Kindle ePub Free
eBook details
- Title: City Atlanta v. Fulton County Et Al.
- Author : Supreme Court of Georgia
- Release Date : January 14, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The City of Atlanta filed a petition in the Superior Court of Fulton County to register certain land located across Pryor Road from Lakewood Park, in Fulton County, the property being unenclosed vacant land, which was at one time used by the city in connection with its water works. The petition was referred to an examiner for proceedings in conformity with the Land Registration Act. Fulton County filed an answer, setting up claims for certain taxes, none of which are disputed if the title is vested in private parties and not in the city. The examiner made a preliminary report, which he filed May 12, 1951. On May 30, 1951, heirs of N. B. Harden, former owner of the land, filed an answer, in which they denied generally the right of the city to register the title in its name, and prayed that the property be registered as the property of the defendants named therein, which answer was later amended. Thereafter, the examiner found in favor of the city, and the heirs of Harden filed exceptions of law and fact. The case was heard by the trial Judge without the intervention of a jury, and he reversed the examiner. The appeal here seeks to review and reverse the judgment of the trial Judge decreeing title to be in the heirs at law of N. B. Harden. Held : 1. It is undisputed that N. B. Harden acquired title to the property August 7, 1863, and that on November 12, 1874, pursuant to proceedings to condemn the land ""for water works purposes"", he was awarded $1,522. There was no deed of conveyance from Harden to the city. The city went into possession, and used the land for a number of years for the purpose of enlarging its lake and reservoir used in connection with its water works plant for the purpose of furnishing water to its citizens. As was held in City of Atlanta v. Jones, 135 Ga. 376 (2) (69 S.E. 571), ""Where such condemnation is had for a public purpose, under the power of eminent domain, the person whose property is condemned is not required to make any deed or conveyance to the condemnor.""
 "City Atlanta v. Fulton County Et Al." by Supreme Court of Georgia # Book PDF Kindle ePub Free){kind=link}