Legal Opinion

Coffey v. Pace

Supreme Court of Georgia

Decided December 21, 1898PublishedCited by 1 opinion

Affidavit to eject intruder. Before Judge Hansell. Dougherty superior court. April term, 1898. The east half of city lot number 79 was bought by Burks, and afterwards sold at sheriff’s sale as his property to Coffey.

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Affidavit to eject intruder. Before Judge Hansell. Dougherty superior court. April term, 1898. The east half of city lot number 79 was bought by Burks, and afterwards sold at sheriff’s sale as his property to Coffey. At the time Burks bought this land, Sarah Roberson was the owner of land adjoining it.on the east, viz., the west half of lot number 77; and while they were adjoining proprietors, he built, with her consent, a fence between them, which fence Pace, to whom she afterwards sold her land, moved westward some distance, -so as to include in the land occupied by him a strip from which…

1Opinion of the CourtLittle, J.

The issue tried in the court below arose upon an affidavit to remove defendant in error as an intruder on certain land claimed by the plaintiff in error. To this affidavit a counter-affidavit'was filed in terms of the law. On the trial of the issue below, it appeared that the land on which the intrusion was claimed to have been made was a strip which by agreement between two prior owners of adjacent lots was used as a passageway for the convenience of both, and that while this strip was on part of One of the lots, under said agreement it was placed within the inclosure of the other. A…

2Cases cited2 opinions

  1. Nichols v. ChandlerSupreme Court of Georgia · 1872
  2. Russel v. ChambersSupreme Court of Georgia · 1871

3Cited by1 opinion

  1. Lane v. WilliamsSupreme Court of Georgia · 1901

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