McHan v. Stansell
Supreme Court of Georgia
Proceeding to eject intruder. Before Judge Parrott. Whitfield Superior Court. December Term, 1868. Stansell, on the 8th of August, 1867, made his affidavit according to law to eject McHan from certain premises in Dalton, Georgia, upon the ground that he was an intruder, that he did not in good faith claim a right to such possession, and yet would not abandon the same.
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Proceeding to eject intruder. Before Judge Parrott. Whitfield Superior Court. December Term, 1868. Stansell, on the 8th of August, 1867, made his affidavit according to law to eject McHan from certain premises in Dalton, Georgia, upon the ground that he was an intruder, that he did not in good faith claim a right to such possession, and yet would not abandon the same. McHan filed his counter-affidavit, claiming a legal right to such possession, and this issue stood for trial in the Superior Court. The evidence for Stansell was, that he had contracted for the premises from E. R. Sassern, and…
1Opinion of the Court
McCay. J.
1. "Very clearly, McHan, (Mrs. Martin’s tenant,) is not an intruder. He stands in her shoes, and she does, bona fide, claim the right to the possession of the premises in dispute. Under the Code, section 4000, 4003, this is a sufficient reply to the plaintiff’s affidavit; it is a denial of its terms, and if it is true, it defeats the proceeding. This is a summary proceeding, and can only be made when the person in possession does not, in good faith, claim the right to be there. The question is not, does he have a right, but does he in good faith claim it. The remedy is a very harsh…
2Cited by3 opinions
- Couch v. CraneSupreme Court of Georgia · 1914
- Dunson v. LewisSupreme Court of Georgia · 1923
- Hill v. WinnSupreme Court of Georgia · 1878