Hines v. Rutherford
Supreme Court of Georgia
Ejectment. Amendment. Administrators and Executors. Prescription. Actions. Vendor and Purchasers. Title. Before Judge Fleming. Dougherty Superior Court.
Read the full summary
Ejectment. Amendment. Administrators and Executors. Prescription. Actions. Vendor and Purchasers. Title. Before Judge Fleming. Dougherty Superior Court. April Term, 1881. Samuel Rutherford made his bond for titles, without any date, to Eubanks Tompkins, conditioned in the sum of nine thousand dollars to make him titles to lots of land numbers 174,187 and 214, in second district of Dougherty county, Georgia, when he should pay his two notes for $4,500.00 each, one due the 25th of December, 1860, and the other on the 25th of December, 1861. Tompkins went into possession of the land in 1859, and…
1Opinion of the Court
Jackson, Chief Justice.
This was an action of ejectment brought to recover a tract of land in the county of Dougherty. The jury found for the plaintiff the premises in dispute, and the defendant excepted to various rulings of the court pending the trial, and assigns for error said rulings.
This cause was here before and is reported in 63 Ga., 244. The points then ruled, unless so changed by new proof on the trial now to be reviewed as to make those principles inapplicable, are res adjudicata ; and it will simplify matters to dispose of them first.
1. It was then ruled that though the suit was…
2Cases cited2 opinions
- Broach v. BarfieldSupreme Court of Georgia · 1876
- Stamper v. GriffinSupreme Court of Georgia · 1853
3Cited by16 opinions
- Hodges v. KimballCourt of Appeals for the Fourth Circuit · 1899
- Augusta Railway Co. v. AndrewsSupreme Court of Georgia · 1893
- Chicago & Alton Railroad v. KeeganIllinois Supreme Court · 1900
- Ray v. PitmanSupreme Court of Georgia · 1904
- Metropolitan Life Insurance Co. v. HallSupreme Court of Georgia · 1940
11 more not listed; retrieve them via the Exa API.