Doe ex dem. Averit v. Roe
Supreme Court of Georgia
Ejectment, in Floyd Superior Court. Nonsuit, by Judge Hammond, August, 1857. Plaintiff proved that the defendant was in possession at the commencement of the suit.
Read the full summary
Ejectment, in Floyd Superior Court. Nonsuit, by Judge Hammond, August, 1857. Plaintiff proved that the defendant was in possession at the commencement of the suit. He then read to the jury, a grant from the State to Benjamin Averit’s orphans, of Lester’s District, Pulaski county, for the lot of land sued for, dated 23d February, 1850. He then proposed to read the answers of a witness, Thomas Pope, taken by commission, to prove that Andrew J. Averit, one of the lessors, was the orphan and only orphan of Benjamin Averit; that witness gave in a draw for him in the Cherokee Land Lottery; that he…
1Opinion of the Court
By the Court. —
Benning, J.
delivering the opinion.
The grant was to “ Benj. Averit’s orphans.” If Benjamin Averit had but one orphan, was this a grant to that orphan ?
We think it was.]
*383In Hollifield vs. Still 17 Ga. 280, the word “heir” had to be considered as equivalent to the word heirs. And see 2 Vern. 325; Richards & Bergarenny, Cro. Eliz 413; 1 Burr 38; 5 Com. Dig., “Parols” (A. 9.)
Now, it is easier to say, that the word, heirs, shall have the meaning of the word heir, than it is to say, that the word heir, shall have the meaning of the word heirs, for the plural includes the singular, but…
2Cases cited1 opinion
- Hollifield v. StellSupreme Court of Georgia · 1855
3Cited by3 opinions
- F. & W. Grand Five-Ten-Twenty-Five Cent Stores Inc. v. EisemanSupreme Court of Georgia · 1925
- Browne v. HendleySupreme Court of Georgia · 1960
- Browne v. HendleySupreme Court of Georgia · 1960