Jackson & Bros. v. Mowry
Supreme Court of Georgia
Action for Bent, etc., in Fulton Superior Court. Tried before Judge Bull, at October Term, 1859. This was an action by S. and L. Mowry against Jackson & Brothers for the rent of a store house in the city of Atlanta, from 1st June, 1858, to Tst October, 1858. There was also a count for use and occupation.
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Action for Bent, etc., in Fulton Superior Court. Tried before Judge Bull, at October Term, 1859. This was an action by S. and L. Mowry against Jackson & Brothers for the rent of a store house in the city of Atlanta, from 1st June, 1858, to Tst October, 1858. There was also a count for use and occupation. Upon the trial, plaintiff proved that J. T. Doane executed to them a mortgage of the premises 7th August, 1855; that said mortgage was afterwards forclosed and sold by the sheriff under and by virtue of the mortgage ji. fa., on 1st Tuesday in June, 1858, when plaintiff became the purchasers.…
1Opinion of the Court
*146 By the Court.
Lumpkin, J.,
delivering the opinion.
The action for use and occupation will not lie in this case.
It is argued, that in order to maintain this action, two things only are necessary to be proven, to-wit: Title in the plaintiff and possession by defendant. And while it is true that a contract to pay rent may be implied from these data, yet, if it shall affirmatively appear, as it does in this case, that the tenant disclaims holding under the plaintiffs, no such presumption can arise.
It would be absurd to imply that A agrees to pay B rent for the land he lives on, when A most stoutly…
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