Hodges v. Waters
Supreme Court of Georgia
Distress warrant. Before Judge Rawliugs. Bulloch superior court. June 20, 1905. R. B. Waters sued out a distress warrant against C: W.. Hodges, claiming the sum of $100 as rent for the described-premises. A counter-affidavit was interposed; and the ease, coming on for trial in the superior court on appeal, resulted in a verdict for the plaintiff for the amount claimed.
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Distress warrant. Before Judge Rawliugs. Bulloch superior court. June 20, 1905. R. B. Waters sued out a distress warrant against C: W.. Hodges, claiming the sum of $100 as rent for the described-premises. A counter-affidavit was interposed; and the ease, coming on for trial in the superior court on appeal, resulted in a verdict for the plaintiff for the amount claimed. The defendant made a motion for a new trial, which, in addition to the general grounds, assigned error on two special grounds: (1) That the court erred in charging the jury as follows: “If you find that C. W. Hodges ever at any…
1Opinion of the CourtCobb, P. J.
The rule that one who goes into possession of land as a tenant of another is estopped, to deny tine- title of'him who occupies the relation of landlord in the agreement is- familiar law. In the application of this rule it is immaterial whether the1 landlord is the owner or has any legal interest in the premises. • It is sufficient as between him and his tenant that he claims - ownership, and as a result of this claim the tenant is put in possession and- allowed to occupy -the premises. Grizzard v. Roberts, 110 Ga. 41. Upon the question as to whether this estoppel operates where-the-tenant, at…
2Cases cited7 opinions
- Willis v. HarrellSupreme Court of Georgia · 1903
- Lucas v. BrooksSupreme Court of the United States · 1873
- Franklin v. MeridaCalifornia Supreme Court · 1868
- Grizzard v. RobertsSupreme Court of Georgia · 1900
- Johnson v. ThrowerSupreme Court of Georgia · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stanley v. StembridgeSupreme Court of Georgia · 1913
- Rogers v. MartinSupreme Court of Florida · 1924
- Bullard v. HudsonSupreme Court of Georgia · 1906
- Stowers v. Huntington Development & Gas Co.Court of Appeals for the Fourth Circuit · 1934
- Lynch v. PerrymanSupreme Court of Oklahoma · 1911
3 more not listed; retrieve them via the Exa API.