DeLorme v. Pease
Supreme Court of Georgia
Ejectment, in McIntosh Superior Court. Tried before Judge Fleming, November Term, 1855. This action was brought by Louis E. B. DeLorme, as the administrator, &c. of Henry Harford, dec’d, vs. Achilles A. DeLorme and Theodore P. Pease, for a parcel of land near Darien. Both parties claimed under Henry Harford, who •died in possession of the premises. In his lifetime, he had mortgaged these premises to the Bank of Darien.
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Ejectment, in McIntosh Superior Court. Tried before Judge Fleming, November Term, 1855. This action was brought by Louis E. B. DeLorme, as the administrator, &c. of Henry Harford, dec’d, vs. Achilles A. DeLorme and Theodore P. Pease, for a parcel of land near Darien. Both parties claimed under Henry Harford, who •died in possession of the premises. In his lifetime, he had mortgaged these premises to the Bank of Darien. After his death, in May, 1827, a rule nisi for foreclosure of this mortgage was granted ; on 21st April, 1828, a rule absolute for foreclosure was granted. The defendant then…
1Opinion of the Court
By the. Court.
Lumpkin, J.
delivering the opinion.
This is an action of ejectment, brought by the administrator of Henry Harford, to recover real estate in the town of Darien. Both parties claim under Harford. It is not necessary, therefore, to go back of him to deduce title on either side.
The plaintiff claims as administrator, and the proof is, prima facie, sufficient to entitle him to recover. The defendant, on the other hand, says that this property was sold, as far back as 1827, as the property of H. Harford, the plaintiff’s intestate, and bought by the Bank of Darien, at Sheriff’s sale, *225unde…
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