Legal Opinion

Ellis v. Doe ex dem. Smith

Supreme Court of Georgia

Decided July 15, 1851No. 36PublishedCited by 19 opinions

Ejectment, in Sumter Superior Court. Tried before Judge Warren, May Term, 1851. This was an action of ejectment, brought on the séparate demises of John Cordery and Jeremiah Smith, against Major Ellis. The land was granted to John Cordery.

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Ejectment, in Sumter Superior Court. Tried before Judge Warren, May Term, 1851. This was an action of ejectment, brought on the séparate demises of John Cordery and Jeremiah Smith, against Major Ellis. The land was granted to John Cordery. Plaintiff claimed under a Sheriffs deed, reciting that the land was sold as the property of John Cordery, in March, 1835. The defendant claimed under a deed from Cordery to Jonathan Lyon, dated 10th June, 1834. "When the Sheriff’s deed was offered in evidence, it was proved by Eason Smith, that he had searched the Sheriff’s and Clerk’s offices for the…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

The facts in this case being somewhat complicated, a brief recapitulation of them may be necessary to a proper understanding of the points made in the bill of exceptions. The declaration contains two demises — one from John Cordery, the grantee, the other from Jeremiah Smith.

The plaintiff first read in evidence a grant from the State to John Cordery, dated the 19th of October, 1831, for the lot of land in dispute, namely: No 116, in the 16th district of originally Lee, now Sumter County; proved the defendant in possession of the premises, and…

2Cases cited1 opinion

  1. Doe ex dem. Vaughn v. BiggersSupreme Court of Georgia · 1849

3Cited by19 opinions

  1. Wilson v. StateSupreme Court of Georgia · 1882
  2. Dozier v. McWhorterSupreme Court of Georgia · 1901
  3. Hines v. LavantSupreme Court of Georgia · 1924
  4. Sweeney v. SweeneySupreme Court of Georgia · 1903
  5. Dollar v. DollarSupreme Court of Georgia · 1958

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