Legal Opinion

Scisson v. McLaws

Supreme Court of Georgia

Decided August 15, 1852No. 29PublishedCited by 6 opinions

Ejectment, in Pike Superior Court. Tried before Judge Stark. April Term, 1852. This action was brought in January, 1848, for the recovery of a lot of land in the County of Pike, and also for mesne profits.

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Ejectment, in Pike Superior Court. Tried before Judge Stark. April Term, 1852. This action was brought in January, 1848, for the recovery of a lot of land in the County of Pike, and also for mesne profits. The plaintiff produced his title deeds covering the land, and the following testimony to show possession in defendant: Sherrod Sims testified, that defendant had gotten timber, light-wood and cross-ties for the rail-road off the lot; that he saw the hands cutting timber, and defendant said they were working for him; also that defendant hauled the lightwood to the rail-road and sold it.…

1Opinion of the Court

By the Court.

Warner, J.

delivering the opinion.

[1.] On the trial of this action of ejectment, the Jury found a verdict for the plaintiff for the premises in dispute, and two hundred and twenty-five dollars damages for mesne profits, &c. The defendant in the Court below, moved for a new trial on two grounds. First, because the Court erred in its charge to the Jury, on the subject of possession by the defendant, as stated in the record; and second, because the Court admitted in evidence the receipts of the defendant to the Rail-road Company.

To enable a plaintiff in an action of ejectment to…

2Cited by6 opinions

  1. Capps v. SmithSupreme Court of Georgia · 1932
  2. Roberts v. TiftSupreme Court of Georgia · 1911
  3. Williams v. O'CONNORSupreme Court of Georgia · 1951
  4. Paul v. FriesSupreme Court of Florida · 1882
  5. Foster v. StaplerSupreme Court of Georgia · 1880

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