Couch v. Turner
Supreme Court of Georgia
Ejectment, in Eannin Superior Court. Decision by Judge Irwin, November Term, 1854. This was an action of ejectment brought'by John Doe, on the several demises.of James Turner, Sr., Smith Turner, Jas. Turner and David Turner, heirs, &c. and O. E. Adams, against Roe and Geo. H. Couch, tenant in possession.
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Ejectment, in Eannin Superior Court. Decision by Judge Irwin, November Term, 1854. This was an action of ejectment brought'by John Doe, on the several demises.of James Turner, Sr., Smith Turner, Jas. Turner and David Turner, heirs, &c. and O. E. Adams, against Roe and Geo. H. Couch, tenant in possession. When the case was called on the appearance docket, the defendant’s Counsel moved to strike'out the demises in the names-of the Turners, on the grounds — that they nor either of them have authorized the use of their names, and that it was not necessary, for the assertion or enforcement of any…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The motion to strike out the demises from the Turners, Was prematurely made. Couch, the tenant in possession, makes, oath that he is informed and believes, that the plaintiff had no authority to use the name of the Turners; neither was it necessary, for his protection, that he should do so.
Perhaps a sufficient reply to this showing would be, that the defendant’s information may not be reliable. And surely the-rights of the plaintiff are not to depend upon a mere peradventure.
The showing is insufficient in any aspect of it.' Upon executing to…
2Cited by2 opinions
- Atlantic Coast Line Railroad v. Hart Lumber Co.Court of Appeals of Georgia · 1907
- Harper v. WilkesSupreme Court of Georgia · 1885