Doe ex dem. Summerlin v. Roe
Supreme Court of Georgia
Ejectment, in Heard Superior Court. Tried before Judge-Hammond, May Term, 1856. This was an action of ejectment brought by Michael Summerlin against Francis B. Hesterly, tenant in possession, for the recovery of lot of land, known as fraction number one hundred and eighty-nine, in the 4th district of said county, containing one hundred and twenty-five acres. On the trial, plaintiff showed title in his lessor, proved1 possession and locus, and closed his case.
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Ejectment, in Heard Superior Court. Tried before Judge-Hammond, May Term, 1856. This was an action of ejectment brought by Michael Summerlin against Francis B. Hesterly, tenant in possession, for the recovery of lot of land, known as fraction number one hundred and eighty-nine, in the 4th district of said county, containing one hundred and twenty-five acres. On the trial, plaintiff showed title in his lessor, proved1 possession and locus, and closed his case. The defendant tendered in evidence an execution in favor of Albert Sears against Michael C. Summerlin and others, and a levy thereon…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
In this case, the judgment was a general one, that the motion for a new trial should be granted. That motion was put on several grounds. One of these was the decision of the Court rejecting the parol evidence offered in connection with the entry on the fi. fa. This ground, we think, was a sufficient one.
Parol evidence is, of necessity, admissible, to apply a writing to its subject.
[1.] Parol evidence, therefore, was admissible in this esse to show what parcel of land it was that fitted all the parts of the description contained in the Sheriff’s…
2Cited by22 opinions
- Harris v. HullSupreme Court of Georgia · 1883
- Thompson v. HillSupreme Court of Georgia · 1912
- Crittenden v. Southern Home Building & Loan Ass'nSupreme Court of Georgia · 1900
- Gordon v. ClinkscalesSupreme Court of Georgia · 1960
- Todd v. MorganSupreme Court of Georgia · 1959
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