Brown v. Todd
Supreme Court of Georgia
Certiorari. Before Judge Gober. Fannin superior court. May 26, 1905.
1Opinion of the CourtLumpkiu, J.
1. This ease is controlled, by the decision in Owens v. Outlaw, 105 Ga. 477, where it was held: “A possessory warrant does not lie unless the defendant acquired possession of the property in dispute in one of the modes set forth in section 4799 of the Civil Code. Consequently, when upon the trial of such a warrant it affirmatively appeared that the defendant had, without fraud, obtained possession by virtue of a contract with the plaintiff, and the only question in issue was. *940whether or not, under the terms of such contract, it was the defendant’s right to longer retain possession, it was…
2Cases cited9 opinions
- Hillyer v. BrogdenSupreme Court of Georgia · 1880
- Meredith v. Knott & HollingsworthSupreme Court of Georgia · 1865
- Trotti v. Wyly & GreeneSupreme Court of Georgia · 1886
- Sheriff v. ThompsonSupreme Court of Georgia · 1902
- Owens v. OutlawSupreme Court of Georgia · 1898
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3Cited by9 opinions
- Davis v. LoganSupreme Court of Georgia · 1950
- Dennard & Co. v. ButlerCourt of Appeals of Georgia · 1907
- Ellis v. GisiCourt of Appeals of Georgia · 1948
- Wilburn v. BeasleyCourt of Appeals of Georgia · 1923
- Copeland v. LucasCourt of Appeals of Georgia · 1909
4 more not listed; retrieve them via the Exa API.