Mercer v. Mercer
Supreme Court of Georgia
Assumpsit, &c. for use and occupation, in Sumpter Superior Court. Tried before Judge Warner. February Term, 1852. Mary E. Mercer, as the administratrix of William Mercer, brought suit against Addison Mercer, for the use and occupation of a lot of land.
Read the full summary
Assumpsit, &c. for use and occupation, in Sumpter Superior Court. Tried before Judge Warner. February Term, 1852. Mary E. Mercer, as the administratrix of William Mercer, brought suit against Addison Mercer, for the use and occupation of a lot of land. On the trial, plaintiff below proved that William Mercer occupied and claimed the land for several years before his death, and that defendant below occupied and cultivated the land the year after the death of William Mercer, and closed his case. The defendant below moved for a non-suit ; which the Court refused to grant. This decision is…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] Assumpsit for use and occupation lies generally upon a contract, either express or implied. A contract may be implied from the title of the plaintiff, and the occupation of the defendant. These being proven, a contract will be inferred. Chitty on Contracts, 373. 5 B. and Ald. 322. 3 N. and P. 40. 6 Ad. and El. 854, 8. C.
The plaintiff proved that his intestate claimed the land before his death; was in possession, and exercised acts of ownership *422over it; and that defendant held possession the year after his death. This was all the evidence…
2Cited by5 opinions
- Lenney v. FinleySupreme Court of Georgia · 1903
- Anderson v. WatkinsCourt of Appeals of Georgia · 1930
- Prichard v. TaborSupreme Court of Georgia · 1898
- Lathrop v. Standard Oil Co.Supreme Court of Georgia · 1889
- Roberts v. RobertsCourt of Appeals of Georgia · 1929