McGlamory v. McCormick
Supreme Court of Georgia
Ejectment. Before Judge Bower. Early superior court. April term, 1895. This suit was brought on September 11, 1893, to recover lot of land 148 in the 26th district of Early county, containing 250 acres, more or less, by William and Brown Philman and Penny McGlamory, the only surviving children of Case Philman.
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Ejectment. Before Judge Bower. Early superior court. April term, 1895. This suit was brought on September 11, 1893, to recover lot of land 148 in the 26th district of Early county, containing 250 acres, more or less, by William and Brown Philman and Penny McGlamory, the only surviving children of Case Philman. It appears that William Philman was bom Nov. 12, 1860, Brown Philman April 22, 1866, and Penny McGlamory August 31, 1867; and that they brought suit in ejectment for the same land against the same defendant, John McCormick, on September 12, 1892, and were nonsuited at the April term,…
1Opinion of the CourtSimmons, C. J.
Where a joint action for land is brought by several persons, and the evidence shows that one of them is not entitled to recover, for the reason that as against him the defendant has a good title by prescription, there can be no recovery at all. The rule in such cases is the same whether the action be in the statutory or fictitious form. Bohanan v Bond, 32 Ga. 390; Etowah Manufacturing Co. v. Alford, 78 Ga. 345; Echols v. Sparks, 79 Ga. 417; DeVaughn v. McLeroy, 82 Ga. 689, 713, 714; Lowe v. Suggs, 87 Ga. 577; Towns v. Mathews, 91 Ga. 546. Judgment affirmed.
For defendant J. I. Hill testified,…
2Cases cited5 opinions
- Towns v. MathewsSupreme Court of Georgia · 1893
- Doe ex dem. Bohanan v. RoeSupreme Court of Georgia · 1861
- Echols v. SparksSupreme Court of Georgia · 1888
- Etowah Manufacturing, etc. Co. v. AlfordSupreme Court of Georgia · 1886
- Lowe v. SuggsSupreme Court of Georgia · 1891
3Cited by9 opinions
- Railroad Commission v. Palmer Hardware Co.Supreme Court of Georgia · 1906
- Callaway v. IrvinSupreme Court of Georgia · 1905
- Guess v. MorganSupreme Court of Georgia · 1943
- Bigham v. KistlerSupreme Court of Georgia · 1901
- Wooding v. BlantonSupreme Court of Georgia · 1900
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