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Georgia Land Surveying History and Law is the first definitive history and analysis of Georgia’s land system and the laws that govern it. The book’s opening section tells the story of the surveyor’s role in transforming Georgia from a frontier to a bounded, populated, and productive colony and state. Paced by anecdotes of surveyors’ wilderness experiences, the narrative traces the evolution of Georgia’s land subdivision system, beginning with the original, and ultimately impractical, scheme of land granting and rectangular land subdivision under the Trustees of the Georgia Colony. The volume then covers the more flexible but easily abused headright procedure, and the subsequent lottery and succession of systematic, rectangular surveys under which most of the state was laid out and granted in the early nineteenth century. Finally, in lay terms supported by meticulous citation of authority, the volume discusses the legal aspects of land surveying, including the interests that make up land ownership, the transfer of real property, the interpretation of property descriptions, the location of boundaries, riparian and littoral rights, and other topics. The book examines every point concerning boundaries found in any Georgia case or statute. Based solidly on primary sources and the author’s fifteen years of experience in land surveying and title abstracting, Georgia Land Surveying History and Law is an exhaustively researched and scholarly reference that will be useful to surveyors, title attorneys, title abstractors, real estate professionals, geographers, cartographers, historians, and genealogists.
This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.