The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-06-07
DODGE AGAINST sPIERs.
The Supreme Court Decides a Case
Involving 100000 Acres.


Involving 100000 Acres.
From the Macon CGa.) Telegraph. Y
The supreme court of Georgia has just
against Spiers. from Telfair superior court,
which is of greatest interest because it
involves the title to 3O0,O 900 acres of land
lying in Dodge, Pulaski, Montgomery,
lelrair and L7urens counties.
Briefly stated. the decision of the state
| supreme coart is that the title of Dodge, as
pertectedSby the decree OF the federaicourt
IN 1886. issaeh as will enable Dodge TO re-
cover IN ejectment: and that the decree is
admissible in evidence against all persons,
whether parties to the decree or not,
for the purpose Of showing that
the true title had passed to Dodge.
The decree referred to is that
rendered in the case of Dodge against Hall
Briggs and Sleeper in the United States
court, and is the same decree for the viola
/ ton OF which Luther A. Hall is now serving
out sentence for contempt Of court
On account of the large interests involved
in the case the Telegraph has obtained the
following detailed account of the litigation:
About the year 1910. Peter J. Williams, a
prominent citizen of Milledgeville, had OBJ
tanned by grants from the state and by
deeds from various parties title to large
tracts or land in the counties named. These
lots compose a very considerable portion of
the territory of four counties. About that
time three men from Maine, who were
agents for the Georgia Lumber Company,
| corporation organized in Maine,
came out to Georgia and purchased
the lands from Mr.. Williams, using
the money of the company to pay
for them. Either by honest mistake or for
the purpose of obtaining al undue advan-
tage over their associates in the enterprise,
| these three men, named Abraham Colby,
Stephen Chase and Samuel E. Crocker,
took deed to the land from Mr.. Williams
in their own individual names. After they
got back to Maine there was litigation
between the projectors of the Geor-
| gia Lumber Company in that state;
and as the result of this, or of
| some settlement of it, these parties, who were
| only the agents of the Georgia Lumber
| Company, conveyed the land to the COM
pany. But their deed was only attested
| officially by justice of the peace in Maine,
whereas the law of Georgia requires that a
| deed made out of the state must be
attested by a commissioner of deeds
| or a judge of a courtkgof record
Afterward the Georgia Lumber, Company
conveyed the land to the state of Indiana,
| from whose treasurer it had borrowed
money and which it was unable to repay.
| The state of Indiana sold the land by act of
| its legislature to one Martin r. Green. He
| conveyed to Davis, Brooks & Chauncy,
| and they conveyed to other parties, who
again conveyed consecutively and by regu-
lar deeds down ia Dodge.
AS appears by the foregoing recital, the
deed from Colby, Chase and Crocker to the
Georgia Lumber Company (which was one
| or the links in the chain of title) was imper-
fectly executed, so that 1t could not be in
| troduced as evidence. Making use of this
| defect Luther A. Hall. o. II. Briggs
and H. G.. Sleeper obtained powers
| of attorney from the heirs of Colby,
| Chase and Croker, and began
making quitclaim deeds to parties who
10 enjoin this, Dodge filed a bill in the
federal court, in which the object was to
show the truth of the facts above stated,
| VIZ, that Colby, Chase and Crocker never
had any real title TO the land. but were
agents only. and that the true title was and
should all the time have been in the Georgia
Lumber Company. from whom it had passed
| by regular succession to him.
Strange to relate, although these trans
actions took place as far back as 1910, Mr.
Sexton, who was Dodge's agent, unearthed
| among old records in various Offices in
| Nj line complete proof of the facts 1t was
clearly proved in the case that Colby, Chase
| and Croker bought the land for the
Georgia Lumber Company, and with its
money. The federal court rendered de-
cree IN the case in accordance with these
facts, and perpetually enjoined the heirs of
Colby, Chase and Croker, and their attor-
ney, Hall, Briggs g. Sleeper, from any in-
reference with the lands. This settled the
question of title in the federal court.
1t then remained to be seen what effect
| this decree would have in the state courts
as to those who were not parties to it; and
this is what the supreme court of Georgia
has now determined. In the decision re4
ferred to the court declares that the decree
is evidence that a perfect equity" has
passed to Dodge from Colby, Chase and
Croker, and that on that equity he can
proceed to eject parties who have taken
possession of the lots contrary to the true
title.