Wyatt v. Elam
Supreme Court of Georgia
Ejectment, in Marion. Tried before Judge Worrill, March Term, 1857. This was an action of ejectment by Doe, upon the demises of William Kelly, and William D. Elam against Roe, casual •ejector, and Philip H. Wyatt, William W. Wyatt and James Nixon, tenants in possession, for the recovery of lot of land No. 99, in the 4th district of originally Muscogee, now Marion county.
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Ejectment, in Marion. Tried before Judge Worrill, March Term, 1857. This was an action of ejectment by Doe, upon the demises of William Kelly, and William D. Elam against Roe, casual •ejector, and Philip H. Wyatt, William W. Wyatt and James Nixon, tenants in possession, for the recovery of lot of land No. 99, in the 4th district of originally Muscogee, now Marion county. Plaintiff tendered and read in evidence a grant from the State for said lot to William Kelly; also a deed from the Sheriff of Marion county of said lot to William D. Elam, dated 31st July, 1849, he having purchased said lot…
1Opinion of the Court
By the Court. —
Benning, J.
delivering the opinion.
Were the two charges of Court below right?
At the time when Elam purchased, the Wyatts were in possession under deeds, but deeds unrecorded, and more than twelve months old. Was this possession notice to Elam of those deeds ?
The fourth section of the registry act of 1837 is as follows: In all cases where two or more deeds shall be executed by the same person or persons, conveying the same premises to different persons, the one recorded within twelve months from the time of execution, (if the feoffee have notice of a pri- *204or deed unrecorded at…
2Cases cited1 opinion
- Stamper v. GriffinSupreme Court of Georgia · 1856
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