Rodgers v. Bell
Supreme Court of Georgia
Ejectment. Landlord and tenant. Judgment. Statutes of limitation. Fraud. Evidence. Before Judge Clark. Sumter Superior Court. April Term, 1873. David G. Rodgers brought trespass vi et arm's against Samson Bell and Alexander W. Wheeler for $1,000 00 damages, for ejecting him from a certain lot of land in the county of Sumter. The record fails to disclose any plea.
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Ejectment. Landlord and tenant. Judgment. Statutes of limitation. Fraud. Evidence. Before Judge Clark. Sumter Superior Court. April Term, 1873. David G. Rodgers brought trespass vi et arm's against Samson Bell and Alexander W. Wheeler for $1,000 00 damages, for ejecting him from a certain lot of land in the county of Sumter. The record fails to disclose any plea. Francis W. Davis, Pleasant J. Allen and Steve Y. Allen testified substantially as follows: Plaintiff was in the peaceable possession of the land described in the declaration, from January, 1860, to January 1st, 1872, claiming it as…
1Opinion of the Court
McCay, Judge.-
1. The tenant — the actual tenant — in possession, is the proper defendant in an action of ejectment. He is the adverse holder to the plaintiff, and he has a full right to treat him as the person keeping him out of his land. And our statute authorizes the writ of possession to issue, and to oust not only the defendant, but all persons put in- possession by or claiming under, or by virtue of any conveyance from, him. In this *97case, the defendant in (jectment was the tenant of the present plaintiff, and like a good tenant, and as was his duty, he informed his landlord of the suit,…
2Cited by8 opinions
- Jefferson v. HartleySupreme Court of Georgia · 1889
- Spooner v. SpoonerSupreme Court of Georgia · 1933
- Vinson v. CannonSupreme Court of Georgia · 1957
- Moate v. RivesSupreme Court of Georgia · 1917
- Richmond & D. R. v. FindleyU.S. Circuit Court for the Northern District of Georgia · 1887
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