Legal Opinion

Watson v. Ashburn

Court of Appeals of Georgia

Decided July 10, 1912No. 4033PublishedCited by 1 opinion

Action for breach of warranty; from city court of Thomasville— Judge W. H. Hammond. January 10, 1912.

1Opinion of the CourtPottle, J.

The facts are fully reported in the former decision. Ashburn v. Watson, 8 Ga. App. 566 (70 S. E. 19). The main defense was that Ashburn, the grantee, had abandoned the possession which he acquired after the execution of the deed by the defendant and his co-warrantor, in consequence of which abandonment Morrison was enabled to acquire possession and maintain it against the paper title which Ashburn held. As to this defense this court held: “The evidence introduced by the defendant along this line was too indefinite and too lacking in particularity to overcome the prima facie case made by the…

2Cases cited1 opinion

  1. Ashburn v. WatsonCourt of Appeals of Georgia · 1911

3Cited by1 opinion

  1. Kimberly Jewelry Company v. PerryCourt of Appeals of Georgia · 1944

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