Legal Opinion

Denham v. Holeman

Supreme Court of Georgia

Decided June 15, 1858PublishedCited by 14 opinions

Complaint for land, from Sumter county. Tried before Judge Allen, March adjourned Term, IS5S. This was an action commenced 14th February, 1856, by Stephen C. Denham, against James T. Holeman, for lot of land No. 221, in the 16th district of Sumter county.

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Complaint for land, from Sumter county. Tried before Judge Allen, March adjourned Term, IS5S. This was an action commenced 14th February, 1856, by Stephen C. Denham, against James T. Holeman, for lot of land No. 221, in the 16th district of Sumter county. On the trial, it appeared that the land was granted to Stephen C. Denham: That Holeman was, and had been since, about the year 1850, in possession of the land living on it, and cultivating it; that Denham had lived in the State of Tennessee, since December, 1S31, and never left there long enough to visit Georgia; that he was there at his…

1Opinion of the Court

By the Court.

Lumpicin, J.

delivering the opinion.

This writ of error is prosecuted to reverse the judgment of the Court below, refusing to grant a new trial in this case.

[1.] It is' complained in the first place, that the Court erred in allowing they?, fas. to go in evidence under which the land was sold, for the reason that the entries on the executions showed that they were satisfied, before the land was levied on.

The facts upon which this objection is founded, are these: *190Twenty-seven head of sheep had been levied on, and the levy dismissed by order of the plaintiff.

Whatever effect this may…

2Cases cited3 opinions

  1. Beall v. BeallSupreme Court of Georgia · 1850
  2. Murray's Lessee v. BakerSupreme Court of the United States · 1818
  3. Perkins v. AttawaySupreme Court of Georgia · 1853

3Cited by14 opinions

  1. Ballentyne v. WickershamSupreme Court of Alabama · 1883
  2. Reeves v. PortaOregon Supreme Court · 1943
  3. Street v. CollierSupreme Court of Georgia · 1903
  4. Kinnebrew v. StateSupreme Court of Georgia · 1887
  5. Willamette Real Estate Co. v. HendrixOregon Supreme Court · 1895

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