Wolfe v. Baxter
Supreme Court of Georgia
Ejectment. Title. Evidence. Before Judge Milled. Bibb superior court. April term, 1890, Reported in the decision.
1Opinion of the Court
Lumpkin, Justice.
In this case the court below granted a nonsuit, and by the bill of exceptions three questions are presented for review. The first, viz. whether or not a plaintiff in ejectment, suing for a one fifth interest in land, and proving a right to recover a one sixth interest therein, can recover the latter interest, needs no argument. It is well settled that a plaintiff may always recover a less amount or interest than that sued for, but never more. Iu the second place, we deem it unnecessary to discuss whether or not the familiar rule, that in ejectment, where both parties claim…
2Cases cited11 opinions
- Parker v. Waycross & Florida RailroadSupreme Court of Georgia · 1889
- Bagley v. KennedySupreme Court of Georgia · 1890
- Administrators of Jones v. NunnSupreme Court of Georgia · 1853
- Jones v. EasleySupreme Court of Georgia · 1874
- Brown v. ColsonSupreme Court of Georgia · 1870
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Horton v. MurdenSupreme Court of Georgia · 1903
- Ellis v. DasherSupreme Court of Georgia · 1897
- Watkins v. NugenSupreme Court of Georgia · 1903
- Bleckley v. WhiteSupreme Court of Georgia · 1896
- Mabie v. WhittakerWashington Supreme Court · 1895
9 more not listed; retrieve them via the Exa API.