Marshall v. Cozart

1. While it is true that a tenant cannot dispute the landlord’s title in a dispossessory proceeding, this relationship must be shown to exist before this rule applies. Griffeth v. Wilmore, 48 Ga. App. 96 (2) (166 S. E. 673). The plaintiff made an agreement with the defendant’s agent to accept a certain sum each month. The defendant insists that this was not rent, whereas the plaintiff contends that it was. Both parties did agree that the agreement was made “without prejudice.” The plaintiff testified, in regard to the agreement between him and the defendant’s attorney, that “without…