Whatley v. Doe ex dem. Newsom
Supreme Court of Georgia
Ejectment and motion for a new trial, in Macon Superior Court. Decided by Judge Warren, March Term, 1851. This bill of exceptions was filed to the decision of the Court below, on a motion for a new trial.
Read the full summary
Ejectment and motion for a new trial, in Macon Superior Court. Decided by Judge Warren, March Term, 1851. This bill of exceptions was filed to the decision of the Court below, on a motion for a new trial. One ground taken for a new trial was, that the Court erred in allowing the Sheriff’s deed and execution to be read to the Jury, as evidence of original title in Whatley — objections being made thereto, on the ground that said Sheriff’s deed was not original, and that the plaintiff must show a legal title in Whatley, the defendant in fi. fa. at the time of the sale by the Sheriff. This ground…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
This was an action of ejectment, brought to recover the south half of lot No. 271, in what was originally the 1st district of Muscogee, now Macon County. A verdict having been rendered for the plaintiff for the premises, and one hundred and fifty dollars mesne profits, a new trial was moved for, on.various grounds. I shall -consider the two first only. The first, as it is an important point in practice; and the second, as it disposes finally of the case.
It is alleged that the Court erred—
*76First, in allowing the Sheriff’s deed, and the execution…
2Cases cited2 opinions
- Darling v. CrowellSuperior Court of New Hampshire · 1833
- Haven v. CramSuperior Court of New Hampshire · 1817
3Cited by22 opinions
- Head v. LeeSupreme Court of Georgia · 1947
- James G. Wilson Manufacturing Co. v. Chamberlin-Johnson-Dubose Co.Supreme Court of Georgia · 1913
- Ault v. MeagerSupreme Court of Georgia · 1900
- Kendrick v. LathamSupreme Court of Florida · 1889
- Oatis v. BrownSupreme Court of Georgia · 1877
17 more not listed; retrieve them via the Exa API.