Doe ex dem. Henderson v. Roe
Supreme Court of Georgia
Ejectment, in Whitfield Superior Court. Tried before Judge Brown, at October Term, 1S57. This was an action of ejectment brought by John Doe, ex dem. of William Henderson, against Richard Roe, casual ejector, and William P. Hackney, Frederic Thompson, and James Morris, and others, tenants in possession, for recovery of lot of land No. 218, in the 12th district, and 3d section, of the county of Murray, and for mesne profits. The defendant pleaded the general issue.
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Ejectment, in Whitfield Superior Court. Tried before Judge Brown, at October Term, 1S57. This was an action of ejectment brought by John Doe, ex dem. of William Henderson, against Richard Roe, casual ejector, and William P. Hackney, Frederic Thompson, and James Morris, and others, tenants in possession, for recovery of lot of land No. 218, in the 12th district, and 3d section, of the county of Murray, and for mesne profits. The defendant pleaded the general issue. Upon the trial, plaintiff read in evidence to the jury, a grant from the State, (produced by defendant ’ under notice,) to Elias…
1Opinion of the Court
By the Court. —
Benning, J.
delivering the opinion.
Was the Court below right in granting the motion for a new trial ? This is the only question.
If any one of the grounds of the motion was sufficient, the Court was right in granting the motion.
I proceed, then, to notice those grounds, in their order
The first ground ivas this: u The Court refused to charge the jury, as requested, by defendant’s counsel, that the plaintiff cannot recover by showing, that the grant issued, by mistake, to a wrong name; but charged the jury, that the plaintiff cannot recover by showing, that the grant issued, by…
2Cases cited5 opinions
- Winter v. JonesSupreme Court of Georgia · 1851
- Doe ex dem. Henderson v. HackneySupreme Court of Georgia · 1854
- Dugas v. LawrenceSupreme Court of Georgia · 1856
- Greene v. BarnwellSupreme Court of Georgia · 1852
- Lessee of Garlick v. RobinsonSupreme Court of Georgia · 1852
3Cited by8 opinions
- Sikes v. SeckingerSupreme Court of Georgia · 1927
- Robinson v. Reward Ceramic Color Manufacturing, Inc.Court of Appeals of Georgia · 1969
- Goodell v. HallSupreme Court of Georgia · 1900
- Hadaway v. SmedleySupreme Court of Georgia · 1903
- Rogers v. Clark Iron Co.Supreme Court of Minnesota · 1908
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