Cowart v. Strickland
Supreme Court of Georgia
Ejectment. Before Judge Harrell. Calhoun superior court. October 21, 1918. Miss Eunice Price (now Mrs. Eunice Price Strickland) brought an action of ejectment against J. S. Cowart, for the recovery of two lots of land, and for mesne profits. The plaintiff relied for recovery upon a demise from herself as the sole heir at law of her father, J. N. Price.
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Ejectment. Before Judge Harrell. Calhoun superior court. October 21, 1918. Miss Eunice Price (now Mrs. Eunice Price Strickland) brought an action of ejectment against J. S. Cowart, for the recovery of two lots of land, and for mesne profits. The plaintiff relied for recovery upon a demise from herself as the sole heir at law of her father, J. N. Price. She contended (1) that her father died in possession of the land; (2) that the defendant claimed under a chain of title which originated in Margaret Williams, running (a) from Margaret Williams to J. C. Price, (5) from J. C. Price to J. N.…
1Opinion of the CourtFish, C. J.
1. The plaintiff in error.contends that the court may only grant an entire new trial, either of the cause or of a collateral issue (Civil Code, § 6079); that the court can not separate the ease into two distinct issues to be tried separately by the jury, especially in an action of ejectment, with a prayer for recovery of mesne profits, since a separate action can not be maintained for the recovery of mesne profits. It is therefore insisted that the legal effect of the judgment of the trial court on the motion for new trial is either (1) to grant a new trial of the entire cause, or (2) to deny…
2Cases cited10 opinions
- Chicago Building & Manufacturing Co. v. ButlerSupreme Court of Georgia · 1913
- McCarthy v. LazarusSupreme Court of Georgia · 1911
- Van Giesen v. Queen InsuranceSupreme Court of Georgia · 1909
- Brooke v. Lowry National BankSupreme Court of Georgia · 1914
- Blalock v. SmithSupreme Court of Georgia · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Adler v. AdlerSupreme Court of Georgia · 1950
- Williams v. GraffCourt of Appeals of Maryland · 1982
- Martin v. Six Flags Over Georgia II, L.P.Supreme Court of Georgia · 2017
- National Land & Coal Co. v. ZugarSupreme Court of Georgia · 1930
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