Baker v. Middlebrooks
Supreme Court of Georgia
Partnership. Tenants in common. Practice in superior court. Before Judge Eain. Bartow superior court. January adjourned term, 1888. On June 22, 1886, Thomas II. Baker, as surviving partner of the firm of J. D. Head & Co., brought his action of ejectment for a certain tract of land against IIuldah Middibrooks. On the trial, he introduced a deed to the premises in dispute made by A. M. Middlebrooks toJ.
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Partnership. Tenants in common. Practice in superior court. Before Judge Eain. Bartow superior court. January adjourned term, 1888. On June 22, 1886, Thomas II. Baker, as surviving partner of the firm of J. D. Head & Co., brought his action of ejectment for a certain tract of land against IIuldah Middibrooks. On the trial, he introduced a deed to the premises in dispute made by A. M. Middlebrooks toJ. D. Head & Co., tbeir heirs and assigns, dated February 1, 1875, being a warranty deed, accompanied by the ivritten consent of Martha Middlebrooks, containing a waiver of homestead. The plaintiff…
1Opinion of the Court
Bleckley, Chief Justice.
The facts are stated in the official report.
1. The verdict being general, the question is whether *494it was warranted by law and the evidence. In this State a tenant in common can recover in ejectment only liis own interest in the premises. Sanford vs. Sanford, 58 Ga. 259. As to realty, partners are tenants in common, and each can convey or incumber no more than his own share. This is the general rule. Jackson vs. Stanford, 19 Ga. 14; Healey vs. Scofield, 60 Ga. 452; Sutlive vs. Jones, 61 Ga. 676; Harris vs. Visscher, 57 Ga. 229; Printup vs. Turner, 65 Ga. 71. Perhaps as…
2Cases cited8 opinions
- Coles v. ColesNew York Supreme Court · 1818
- Sanford v. SanfordSupreme Court of Georgia · 1877
- Printup Bros. v. TurnerSupreme Court of Georgia · 1880
- Harris v. VisscherSupreme Court of Georgia · 1876
- Jackson v. StanfordSupreme Court of Georgia · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ferris v. Van Ingen & Co.Supreme Court of Georgia · 1899
- Anderson v. GoodwinSupreme Court of Georgia · 1906
- First National Bank v. CodySupreme Court of Georgia · 1894
- Crawford v. ClarkSupreme Court of Georgia · 1900
- Bank of Southwestern Georgia v. McGarrahSupreme Court of Georgia · 1904
6 more not listed; retrieve them via the Exa API.