Rhodes v. Williams
Supreme Court of Georgia
Ejectment. Before Judge Littlejohn. Sumter superior court. July 31, 1914. Rebecca Rhodes and others brought ejectment against Celia A. Smith as tenant in possession, and Mamie Williams as claimant of the title. The latter defended. Both the plaintiffs and the defendant claimed to have derived title under Marshall Swearengen Sr., colored, who died intestate.
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Ejectment. Before Judge Littlejohn. Sumter superior court. July 31, 1914. Rebecca Rhodes and others brought ejectment against Celia A. Smith as tenant in possession, and Mamie Williams as claimant of the title. The latter defended. Both the plaintiffs and the defendant claimed to have derived title under Marshall Swearengen Sr., colored, who died intestate. The plaintiffs claimed that he died leaving no wife or legitimate child and no father or mother, and that they were his nieces and nephews, and therefore inherited from him. The defendant claimed that the intestate left a legitimate son,…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) Marshal] Swearengen Sr., a negro, owned the property in dispute at the time of his death. If Marshall Swearengen Jr. was the legitimate son of Marshall Sr. when the latter died, then the son inherited the *344land from Ms father, there being no other heirs. By the act oE 1866 (Civil Code of 1910, § 2118) it was declared that persons of color living together on the 9th day of March, 1866, as husband and wife, sustained that relation to each other, provision being made in case a man had two or more reputed wives or a woman two or more reputed husbands. If, then,…
2Cases cited2 opinions
- Floyd v. FloydSupreme Court of Georgia · 1895
- Houston v. DavidsonSupreme Court of Georgia · 1872
3Cited by3 opinions
- In Re Wehr's EstateMontana Supreme Court · 1934
- Harrell v. StoreySupreme Court of Georgia · 1932
- Price v. BrownSupreme Court of Georgia · 1915