Legal Opinion

Hicks v. Beacham

Supreme Court of Georgia

Decided July 20, 1908PublishedCited by 36 opinions

Eviction. Before Judge Lewis. Laurens superior court. July 36, 1907. Hicks made affidavit for the purpose of obtaining the issuance of a warrant to dispossess Beacham as his tenant. The .affidavit alleged, among other things, as follows: On October 38, 1901, Beacham leased from a grantor of the land, under whom Hicks, derived title, a certain described tract of land.

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Eviction. Before Judge Lewis. Laurens superior court. July 36, 1907. Hicks made affidavit for the purpose of obtaining the issuance of a warrant to dispossess Beacham as his tenant. The .affidavit alleged, among other things, as follows: On October 38, 1901, Beacham leased from a grantor of the land, under whom Hicks, derived title, a certain described tract of land. Hnder the terms of the lease, the lessee was to have possession for a term of fourteen years, provided he performed his obligations under the contract, one of which was the payment of rent on the 15th day of September of each…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.)

Hicks made affidavit for the purpose of obtaining a warrant to dispossess Beacham as his tenant. On the trial, the court dismissed the affidavit and warrant, because the affidavit neither alleged that the rent had not been paid nor that there had been -a demand and a refusal to pay it. The contract of lease was to extend for fourteen years, but contained a provision that if the tenant failed to pay the rent as stipulated, or failed to perform the other covenants of the lease, the landlord should have the right to declare the lease terminated at the end of…

2Cases cited15 opinions

  1. Moss v. ChappellSupreme Court of Georgia · 1906
  2. Chadwick v. ParkerIllinois Supreme Court · 1867
  3. McGlynn v. MooreCalifornia Supreme Court · 1864
  4. Bell's Admr. v. HumphreyWest Virginia Supreme Court · 1874
  5. Constitution Publishing Co. v. StegallSupreme Court of Georgia · 1896

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3Cited by36 opinions

  1. Griffin v. RussellSupreme Court of Georgia · 1915
  2. Mendel v. PinkardCourt of Appeals of Georgia · 1963
  3. Hoffman v. Franklin Motor Car Co.Court of Appeals of Georgia · 1924
  4. Prothro v. WalkerSupreme Court of Georgia · 1947
  5. DeLamar v. Fidelity Loan & Investment Co.Supreme Court of Georgia · 1924

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