Warren v. Gay
Supreme Court of Georgia
' Ejectment. Before Judge Lewis. Laurens superior court. October 3, 1904. Norman T. Gay brought an action of ejectment in the common-law form against Warren and Conner, to recover possession of a lot of land in the 12th district of Laurens county, and mesne profits.
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' Ejectment. Before Judge Lewis. Laurens superior court. October 3, 1904. Norman T. Gay brought an action of ejectment in the common-law form against Warren and Conner, to recover possession of a lot of land in the 12th district of Laurens county, and mesne profits. Subsequently he brought, through his next friend, C. M. Gay, an equitable petition against the same parties, alleging that they were in possession of the lot of land referred to and were destroying the growing trees thereon, and prayed for an injunction and for a recovery of the land. Attached to the petition was an abstract of…
1Opinion of the CourtCobb, J.
1. The judge charged the jury as follows: “ I charge you that in order to establish a parol contract for the sale of land that would be a basis of recovery for defendant and a verdict in his favor for specific performance, the evidence must be so clear and unequivocal as to satisfy your minds to a reasonable certainty that such a contract was made.” This charge was alleged to be erroneous, because it required a higher degree of proof than the law demands. Error was also assigned upon other portions of the charge in which the judge used similar language. He also stated, in the concluding…
2Cases cited8 opinions
- Bone v. StateSupreme Court of Georgia · 1897
- Printup v. MitchellSupreme Court of Georgia · 1855
- Poullain v. PoullainSupreme Court of Georgia · 1886
- Beall v. ClarkSupreme Court of Georgia · 1884
- Schnell v. ToomerSupreme Court of Georgia · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Adkins v. FlaggSupreme Court of Georgia · 1917
- Mickle v. MooreSupreme Court of Georgia · 1941
- Milam v. TerrellSupreme Court of Georgia · 1958
- Becker v. DonalsonSupreme Court of Georgia · 1912
- Polk v. StateSupreme Court of Georgia · 1918
9 more not listed; retrieve them via the Exa API.