Tufts v. DuBignon
Supreme Court of Georgia
Practice in the Superior Court. Equity. Fraud. Landlord and tenant. Evidence. Charge of Court. Before Judge Tompkins. Glynn Superior Court. November Term, 1877. Tufts proceeded to dispossess DuBignon from a lot of land, as a tenant holding over, under Code, §4077. Defendant filed a counter-affidavit, to the effect that he did not hold under plaintiff, and this formed the issue. There were no equitable pleadings of any sort.
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Practice in the Superior Court. Equity. Fraud. Landlord and tenant. Evidence. Charge of Court. Before Judge Tompkins. Glynn Superior Court. November Term, 1877. Tufts proceeded to dispossess DuBignon from a lot of land, as a tenant holding over, under Code, §4077. Defendant filed a counter-affidavit, to the effect that he did not hold under plaintiff, and this formed the issue. There were no equitable pleadings of any sort. On the trial, plaintiff introduced a deed from defendant to himself, dated March 2, 1874, covering the land in dispute; also a deed of lease, of the same date, from…
1Opinion of the Court
Jackson, Justice.
This was a proceeding under the statute, section 1077 of the Code, instituted by Tufts against DuBignon, in order to get possession of lands which Tufts alleged that DuBignon held as his tenant, and that the term had expired, the lease providing that in the event the tenant did not pay rent when due, on twenty-four hours notice, the lease should terminate. Tufts alleged that the rents were over-due, and that the notice had been given. DuBignon denied by counter-affidavit, under section 1079 of the Code, that he held under Tufts; and thus the issue was made, and no other…
2Cases cited13 opinions
- Howell ex rel. Jones v. FountainSupreme Court of Georgia · 1847
- Adams v. BarrettSupreme Court of Georgia · 1848
- Goodwyn v. GoodwynSupreme Court of Georgia · 1856
- Hone v. HenriquezCourt for the Trial of Impeachments and Correction of Errors · 1834
- Commonwealth v. Cary Improvement Co.Massachusetts Supreme Judicial Court · 1867
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3Cited by20 opinions
- Melson v. DicksonSupreme Court of Georgia · 1879
- Parrott v. BakerSupreme Court of Georgia · 1889
- Emery v. Atlanta Real Estate ExchangeSupreme Court of Georgia · 1891
- McDowell v. McMurriaSupreme Court of Georgia · 1899
- Clements v. JonesSupreme Court of Georgia · 1928
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