Roe & McDowell v. Doe ex. dem. Irwin
Supreme Court of Georgia
Ejectment, in Stewart Superior Court. Tried before Judge Perkins, at the October Term, 1860. This was an action of ejectment brought in favor of John Doe, ex. dem. William BL Irwin, against Richard Roe, casual ejector, and John McDowell, tenant in possession, for the recovery of lot of land Humber 50, in the 22d district, of originally Lee, now Stewart county. The defendant pleaded the general issue, and the Statute of Limitations.
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Ejectment, in Stewart Superior Court. Tried before Judge Perkins, at the October Term, 1860. This was an action of ejectment brought in favor of John Doe, ex. dem. William BL Irwin, against Richard Roe, casual ejector, and John McDowell, tenant in possession, for the recovery of lot of land Humber 50, in the 22d district, of originally Lee, now Stewart county. The defendant pleaded the general issue, and the Statute of Limitations. On the trial of the case in the Court below, the following testimony was adduced on the part of the plaintiff, to-wit: An affidavit of William H. Irwin, the lessor…
1Opinion of the Court
By the Court
Jenkins, J.,
delivering the opinion.
The verdict of the Jury in this case being for the plaintiff, the defendant moved for a new trial on the several grounds stated above. The Court below refused the motion, and defendant excepted on each-ground so taken.
There seems to have been an unusual fatality attending the title papers in this cause, both parties having been compelled to resort to secondary evidence, and the complainant’s chain being made out entirely by evidence of this character, several of the exceptions refer to the insufficiency of this evidence.
And it is objected, first,…
2Cited by6 opinions
- Jones v. StateCourt of Appeals of Georgia · 1921
- Cox v. McDonaldSupreme Court of Georgia · 1903
- Hicks v. IveySupreme Court of Georgia · 1896
- McCall v. AsburySupreme Court of Georgia · 1940
- Kries v. Holladay-Klotz Land & Lumber Co.Missouri Court of Appeals · 1906
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