Legal Opinion

Wilson v. Reese ex rel. Hawkins

Supreme Court of Georgia

Decided June 15, 1868PublishedCited by 1 opinion

Possessory Warrant. 'Certiorari from County-Court. Decided by Judge "Vason. Sumter county March, 1868. Reese, for the use of W. A. and S. H. Hawkins, sued out a possessory warrant against James Wilson, for one hundred and,fifty bushels of corn, two thousand pounds of fodder, and fifty bushels of potatoes. The case was tried before the county-judge.

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Possessory Warrant. 'Certiorari from County-Court. Decided by Judge "Vason. Sumter county March, 1868. Reese, for the use of W. A. and S. H. Hawkins, sued out a possessory warrant against James Wilson, for one hundred and,fifty bushels of corn, two thousand pounds of fodder, and fifty bushels of potatoes. The case was tried before the county-judge. The evidence ivas as follows: Plaintiff’s son testified that his father farmed, in 1868, with Captain W. A. Wilson, on shares, and his father’s share of the corn, fodder, and potatoes, was put into separate places; the corn, say one hundred and…

1Opinion of the CourtHarris, J.

The summary proceeding resorted to by Reese, admitted only of an enquiry into the question of possession. The Court could not, therefore, look into the alleged loan of several loads of corn, by Wilson to Reese, in 1867, and agreement of Reese to pay them out of the crop to be made on the premises, and the right of Wilson, thereby, to take possession of the corn 'left by Reese on the premises, from which, he had just removed. Nor could the Court, go into any investigation of any alleged purchase, further than to ascertain if the possession had been changed, and how. The testimony shows that…

2Cited by1 opinion

  1. Peebles v. MorrisSupreme Court of Georgia · 1887

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