Greene v. Barnwell
Supreme Court of Georgia
Ejectment, in Gordon Superior Court. Tried before Judge Irvin, March Term, 1852. The facts of this case are as follows: The plaintiff in error brought his action to recover a lot of land in possession of defendant. On the trial, plaintiff introduced a grant from the State to Wesley Yarborough’s orphans, issued under the Lottery Acts of 1830 and 1831, covering the land in dispute.
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Ejectment, in Gordon Superior Court. Tried before Judge Irvin, March Term, 1852. The facts of this case are as follows: The plaintiff in error brought his action to recover a lot of land in possession of defendant. On the trial, plaintiff introduced a grant from the State to Wesley Yarborough’s orphans, issued under the Lottery Acts of 1830 and 1831, covering the land in dispute. Witnesses were then introduced by plaintiff, who testified that a draw was given in under the Lottery Acts, for Wesley Yarborough’s orphans, who were the illegitimate children of Wesley Yarborough, in the district…
1Opinion of the Court
*284 By the Court.
Warner, J.
delivering the opinión.
[1.] This action was instituted in the Court below, to recover the possession of the tract of land in controversy, by James W. Greene, who is the lessor of the plaintiff, and- who claims the land, as the heir at law of Wesley Yarborough’s orphans, who are the grantees from the State. On the trial of the cause, the plaintiff read in evidence the grant from the State, to Wesley Yarborough’s orphans, to the lot of land in controversy, and then offered the evidence of witnesses, who testified that a draw was given in by their next friend, for Wesley…
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