Hogan v. O'Dell

(After stating the foregoing facts.) The defendant against whom the possessory warrant issued relies upon numerous decisions of this court and of the Supreme Court which follow Trotti v. Wyly, 77 Ga. 684, wherein it was held that “unless it clearly appears that the defendant acquired the possession in one of the modes inhibited by the act of the legislature, there is nothing for the proceeding [by a possessory warrant] to rest on.” See Welborn v. Shirly, 65 Ga. 695; Ivey v. Hammock, 68 Ga. 428; Owens v. Outlaw, 105 Ga. 477 (30 S. E. 427); Allen v. Printup, 118 Ga. 630 (45 S. E. 911); Susong…