Cody v. Quarterman
Supreme Court of Georgia
Statutory action for recovery of lands and profits, in Chatham Superior Court. May Term, 1852, and motion for new trial. Decided by Judge Henry R. Jackson. This was an action under the Statute, for the recovery of lands, and the profits thereof, brought by William E. W. Quarterman, executor of W. T. Dawsey, the defendant in error, against James Cody, plaintiff in error.
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Statutory action for recovery of lands and profits, in Chatham Superior Court. May Term, 1852, and motion for new trial. Decided by Judge Henry R. Jackson. This was an action under the Statute, for the recovery of lands, and the profits thereof, brought by William E. W. Quarterman, executor of W. T. Dawsey, the defendant in error, against James Cody, plaintiff in error. This cause was tried upon the appeal at the May Term, 1852, when the plaintiff in the Court below, offered in evidence the following testimony: Samuel B. Sweat, a witness sworn on behalf of plaintiff, testified that the plat…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The plaintiff below, in this action of ejectment, exhibited no muniments of title, but relied for recovery on his character of landlord to the defendant. That is, having as he claimed, proven that the -defendant came into possession derivatively under his lessee, he also claimed that the relation of landlord and tenant was established, and that he was entitled to recover upon the legal proposition, that a tenant is estopped from denying the title of his.landlord. Both parties agree as to the soundness of that proposition. Nor do we question…
2Cases cited1 opinion
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- Rees v. Emmons Coal Mining Co.West Virginia Supreme Court · 1921
- Dasher v. EllisSupreme Court of Georgia · 1898
- Dugand v. MagnusCalifornia Court of Appeal · 1930
- City of Jefferson v. Trustees of Martin InstituteSupreme Court of Georgia · 1945
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