Jenkins v. Means
Supreme Court of Georgia
Ejectment. Contracts. Estoppel. Prescription. - Possession. Mesne profits. Newly discovered evidence. New trial. Deeds. Before Judge Hall. Pike Superior Court. April Term, 1877. William E. Williams brought complaint against John R. Jenkins for a portion of lot number 29 in tbe town of Barnes-ville, and for mesne profits. Tbe defendant pleaded tbe general issue,and title by prescription.
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Ejectment. Contracts. Estoppel. Prescription. - Possession. Mesne profits. Newly discovered evidence. New trial. Deeds. Before Judge Hall. Pike Superior Court. April Term, 1877. William E. Williams brought complaint against John R. Jenkins for a portion of lot number 29 in tbe town of Barnes-ville, and for mesne profits. Tbe defendant pleaded tbe general issue,and title by prescription. Pending tbe litigation tbe plaintiff died, and bis administrator, James W. Means, was made a party in bis stead. Tbe jury found for the plaintiff tbe premises in dispute, and $25.00 per annum from tbe…
1Opinion of the Court
Bleckley, Judge.
According to tbe evidence of tbe county surveyor, whose survey, it seems, was made under order of tbe • court, tbe land in controversy was a slip three feet eight and a half inches wide at tbe front, and six feet two and a-half inches *57wide at the rear. The plaintiff’s lot was number twenty-nine, and the lot claimed by the defendant was number twenty-eight. Unless the slip was a part of twenty-nine, the plaintiff could not recover. He had a title to twenty-nine,.but none to twenty-eight. .The defendant pleaded the general issue, and that the action was barred by lapse of time ;…
2Cases cited1 opinion
- Beverly v. BurkeSupreme Court of Georgia · 1851
3Cited by5 opinions
- Dean v. FeelySupreme Court of Georgia · 1883
- Evans v. LaneCourt of Appeals of Georgia · 1911
- Clark v. WhiteSupreme Court of Georgia · 1904
- Kemp v. ParksSupreme Court of Georgia · 1971
- Kemp v. ParksSupreme Court of Georgia · 1971