Lockett v. Usry
Supreme Court of Georgia
Proceedings against tenant holding over, in Warren superior court. Tried before Judge Thomas, April Term, 1859. This was a proceeding under the act of 1827, by Francis M. Usry, and Isaiah G. Usry, against Cullen R. Lockett, to recover possession of premises rented to Lockett, aud which he refused to deliver up at the expiration of the lease.
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Proceedings against tenant holding over, in Warren superior court. Tried before Judge Thomas, April Term, 1859. This was a proceeding under the act of 1827, by Francis M. Usry, and Isaiah G. Usry, against Cullen R. Lockett, to recover possession of premises rented to Lockett, aud which he refused to deliver up at the expiration of the lease. At the trial on the appeal, plaimtiffs moved to dismiss defendant’s affidavit, on two grounds; first, because said affidavit did not state that defendant did not hold the premises by lease or rent from plaintiffs; second, because defendant did not state…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
Was the affidavit of Lockett sufficient ?
When a landlord seeks to dispossess a tenant who holds over, under the act of 1827, (Cobb, 901,) the tenant to arrest, the proceeding, must make oath that ho does not hold the premises, either by lease or rent from the said person or from any one holding under him, by lease or rent. There is a blank in this affidavit where the name of the two Usrys should be inserted; and the singular pro*349noun him, is used instead of the plural pronoun them, provided it was the intention of the deponent so to fill up the…
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