Moate v. Rives
Supreme Court of Georgia
Complaint for land. Before Judge Park.’ Hancock superior court. January 26, 1916. W. II. Eives leased from the Georgia Eailroad and Banking Company a small area of land for the purpose of constructing thereon a storehouse. He agreed to pay an amount for ground-rent, and reserved the right to remove the building, contracted to be erected thereon, within thirty days after the termination of the lease.
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Complaint for land. Before Judge Park.’ Hancock superior court. January 26, 1916. W. II. Eives leased from the Georgia Eailroad and Banking Company a small area of land for the purpose of constructing thereon a storehouse. He agreed to pay an amount for ground-rent, and reserved the right to remove the building, contracted to be erected thereon, within thirty days after the termination of the lease. The following provision appears in the lease contract: “Whereas ‘the title of the party of the first part to the premises here leased is disputed by other persons (the rightfulness of the claim of…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. ' The trial developed that the defendant did not claim any interest in the land in controversy beyond that acquired by virtue of his lease contract with the Georgia Eailroad and Banking Company. Under that contract he was a tenant at will, entitled as against his lessor to remove the building from the land within thirty days after the termination of his tenancy. That relation existed at the time-of the institution of the ejectment suit by the plaintiffs against the railroad company. The defendant, though not a party, knew of the suit against his landlord…
2Cases cited7 opinions
- Williams v. SmithSupreme Court of Georgia · 1907
- Black v. ThorntonSupreme Court of Georgia · 1860
- Dean v. FeelySupreme Court of Georgia · 1883
- Sartain v. HamiltonTexas Supreme Court · 1854
- Richards v. EdwardySupreme Court of Georgia · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tennessee, Alabama & Georgia Railway Co. v. ZugarSupreme Court of Georgia · 1942
- Walton v. SikesSupreme Court of Georgia · 1927
- Claxton v. ClaxtonSupreme Court of Georgia · 1959
- Harper v. DurdenSupreme Court of Georgia · 1933
- Rainey v. WhatleySupreme Court of Georgia · 1929
1 more not listed; retrieve them via the Exa API.