Swift v. Nevius
Supreme Court of Georgia
Ejectment. Before. Judge Gilbert. Harris superior court. April 11, 1911. An action of ejectment in the common-law form was brought against Charles J. Swift, demises being laid from J. C. Beid, J. A. Reid, William C. McFarland, and Franklin Nevius.
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Ejectment. Before. Judge Gilbert. Harris superior court. April 11, 1911. An action of ejectment in the common-law form was brought against Charles J. Swift, demises being laid from J. C. Beid, J. A. Reid, William C. McFarland, and Franklin Nevius. The defendant filed equitable pleading of which it is necessary to set out only the following parts: .Defendant discovered that certain property near Columbus, known as the Blue Spring property, and for which this suit is brought, had on it a fine supply of water, which could be carried to Columbus by the gravity system, and furnished to the public.…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) An action of ejectment was brought against C. J. Swift, upon the demises of W. C. McFarland, Frank Nevius, and others. The defendant filed an equitable defense as to an undivided half interest in the land, and this was later amended. The plaintiff filed general and special demurrers to the answer as amended. The court sustained the general demurrer, and upon the making out of a prima facie case by the plaintiff and the failure of the defendant to introduce any evidence, directed a verdict for the plaintiff, and a judgment was entered accordingly. The…
2Cases cited1 opinion
- Lyndon v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1907
3Cited by10 opinions
- Manget v. CarltonCourt of Appeals of Georgia · 1925
- McCollum v. McCollumSupreme Court of Georgia · 1947
- Belch v. SprayberryCourt of Appeals of Georgia · 1958
- Harris v. RoweSupreme Court of Georgia · 1946
- Mitchell v. MitchellSupreme Court of Georgia · 1946
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