Adams v. Keeler
Supreme Court of Georgia
Ejectment, in Gilmer Superior Court. Tried before Judge Rice, at December adjourned- Term, 1859. This was an action of ejectment by Doe, ex dem, Thomas H. Turner and Ward Keeler, against Roe, casual ejector, and .........Adams and Daniel Carroll, tenants in possession, for the recovery of lot of land No. 33, in the 7th district and 2d section of Gilmer county.
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Ejectment, in Gilmer Superior Court. Tried before Judge Rice, at December adjourned- Term, 1859. This was an action of ejectment by Doe, ex dem, Thomas H. Turner and Ward Keeler, against Roe, casual ejector, and .........Adams and Daniel Carroll, tenants in possession, for the recovery of lot of land No. 33, in the 7th district and 2d section of Gilmer county. Plaintiff read in evidence a grant of the lot from the State to Thomas H. Turner, dated 20th December, 1837, and a deed from Turner, conveying the lot to Keeler. The possession by defendants was admitted. Defendants claimed under a sale…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
The executions having been issued against the defendants, Ward Keeler and John M. Jordan, jointly, a payment by one was a satisfaction. If Jordan was, in fact, but a surety for Keeler on these debts, which were the foundation of the executions, he ought, after this payment to have made such fact “satisfactorily appear to the Court from whence the executions issued,” when that Court would judicially have given to him the control. Cobb’s Dig., 595. Not having done so, he had no right to control the executions against his co-defendant. Hence the…
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