Doe ex dem. Keel v. Roe
Supreme Court of Georgia
Ejectment, in Calhoun Superior Court. Tried before Judge Allen, May Term, 1856. The heirs at law of John Keel brought their action of ejectment against Noel Pace, the tenant in possession, to recover lots of land Nos. 210 and 231, in the 3d district of originally Early, now Calhoun County, containing two hundred and fifty acres, and for mesne profits. Pending the suit, John Pace, the person under whom Noel Pace claimed, came in, and by order, was made a-co-defendant.
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Ejectment, in Calhoun Superior Court. Tried before Judge Allen, May Term, 1856. The heirs at law of John Keel brought their action of ejectment against Noel Pace, the tenant in possession, to recover lots of land Nos. 210 and 231, in the 3d district of originally Early, now Calhoun County, containing two hundred and fifty acres, and for mesne profits. Pending the suit, John Pace, the person under whom Noel Pace claimed, came in, and by order, was made a-co-defendant. The case came up for trial in the Court below on the appeal, and a, verdict was found for defendants. Plaintiff’s Counsel then…
1Opinion of the Court
*197 By the Court.
-Lumpkin, J.
delivering the opinion.
|[1.] As to the identity of the land in this case, that is, whether it be lot No. 210 or 233, it will not be claimed that the testimony is strongly and decidedly in favor of lot No. 210.
We think the weight of evidence the other way. We are satisfied, that the mistake occurred in the original survey of the district. The concurrent proof of a number of settlers on other lots, shows that to harmonize the numbering, the land occupied by old John Keel must have been 231, and not 210.
[2.] After a careful comparison, we can see no difference between…
2Cases cited1 opinion
- Riley v. GriffinSupreme Court of Georgia · 1854
3Cited by4 opinions
- Riddle v. SheppardSupreme Court of Georgia · 1904
- Walton v. SikesSupreme Court of Georgia · 1927
- LaRoche v. FalligantSupreme Court of Georgia · 1908
- Waxelbaum v. GunnSupreme Court of Georgia · 1920