Shaddix v. Watson
Supreme Court of Georgia
Complaint for land. Before Judge Kimsey. Douglas superior court. July 8, 1907. E. C. Watson as executrix of J. P. Watson, E. C. Watson individually, and Mrs. Lela Smith brought their complaint for land in the statutory form against Nancy Shaddix to recover an undivided half of a described lot of land.
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Complaint for land. Before Judge Kimsey. Douglas superior court. July 8, 1907. E. C. Watson as executrix of J. P. Watson, E. C. Watson individually, and Mrs. Lela Smith brought their complaint for land in the statutory form against Nancy Shaddix to recover an undivided half of a described lot of land. The title relied upon by the plaintiffs was a deed from J. T. C. Ataway to Joseph Cruse, executed in 1863. Joseph Cruse died in possession of the land, and it was set apart as a year’s support to his widow, Martha Cruse, in 1871. She conveyed the land in 1872 to J. T. Watson and-C. C. Morris.…
1Opinion of the CourtEvans, P. J.
(After stating the facts.)
The suit is brought jointly by Mrs. Watson as executrix of J. P. Watson, by himself individually, and by Mrs. Lela Smith. The-title alleged is joint, and in order for them to recover it is necessary that the title proved shall be a joint one. In an action of ejectment brought in the common-law form, where a joint demise is laid in the declaration, evidence of a joint interest in the plaintiff’s lessors must be given, and without it there can be no recovery an that demise. This same rule applies to the statutory form of action when used as a substitute for the action…
2Cases cited4 opinions
- Callaway v. IrvinSupreme Court of Georgia · 1905
- McGlamory v. McCormickSupreme Court of Georgia · 1896
- Echols v. SparksSupreme Court of Georgia · 1888
- Etowah Manufacturing, etc. Co. v. AlfordSupreme Court of Georgia · 1886
3Cited by3 opinions
- Hunt v. LavenderSupreme Court of Georgia · 1913
- Smith v. AldridgeSupreme Court of Georgia · 1941
- Powell v. PorterSupreme Court of Georgia · 1939