Sorrell v. Ham
Supreme Court of Georgia
Ejectment, in Houston Superior Court. Tried before Judge Stark, April Term, 1850. This was an action of ejectment, brought by the plaintiff in error against the defendant, under the Act of 1847, for the recovery of a tract of land lying in Houston County, and mesne profits. On the trial in the Court below, the plaintiff introduced in evidence a grant from the State of Georgia to James Gould, and a deed from Gould to John B. Gaudry.
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Ejectment, in Houston Superior Court. Tried before Judge Stark, April Term, 1850. This was an action of ejectment, brought by the plaintiff in error against the defendant, under the Act of 1847, for the recovery of a tract of land lying in Houston County, and mesne profits. On the trial in the Court below, the plaintiff introduced in evidence a grant from the State of Georgia to James Gould, and a deed from Gould to John B. Gaudry. The plaintiff then read in evidence his letters testamentary, as follows :— Georgia : By the Honorable the Court of Ordinary, for the County of Chatham, in the…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The plaintiff brought his action of ejectment for the recovery of land, as executor of the last will and testament of John B. Gaudry. It was non-suited, on the ground that the plaintiff’s letters testamentary only gave him power over the goods and chattels, rights and credits of the testator, and therefore, he could not recover lands. Whilst we sustain the judgment of the Court, we do not sanction two propositions which seem to have been ruled by the Court. The first is, that the executor cannot bring ejectment for lands. We hold that he can,…
2Cited by4 opinions
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- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940