Jones v. McCrea
Supreme Court of Georgia
Bill for New Trial and Injunction. Demurrer. By Judge Vason. From Sumter county. Chambers. September, 1867. James S. Jones, on the 20th day of September, 1859, brought an action of ejectment in the short form, in Sumter county, in which Daniel H. Baldwin, as the executor of the last will and testament of Loami Baldwin, was the plaintiff, and Archibald McCrea was the defendant, to recover the north half of land lot Ho. 219,in the 17th district of originally Lee, then Sumter…
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Bill for New Trial and Injunction. Demurrer. By Judge Vason. From Sumter county. Chambers. September, 1867. James S. Jones, on the 20th day of September, 1859, brought an action of ejectment in the short form, in Sumter county, in which Daniel H. Baldwin, as the executor of the last will and testament of Loami Baldwin, was the plaintiff, and Archibald McCrea was the defendant, to recover the north half of land lot Ho. 219,in the 17th district of originally Lee, then Sumter county. He used the name of D. H. Baldwin, executor, etc., because the deed from D. H. Baldwin, executor, etc., to…
1Opinion of the CourtHarris, J.
An examination of this case will clearly evince that the chief purpose of the bill filed, was to procure a new trial, so as to enable a witness who had been sworn on the trial of the ejectment suit,- in the Superior Court, to correct his testimony as to the time of the commencemeút of the oeaupaney of the defendant, who relied on a statutory title.
Bills like this ought to be regarded with little favor. In principle, we think it is within Mitchell vs. Printup, 25 Ga. Rep., 182.
Judgment affirmed.
2Cases cited1 opinion
- Mitchell v. PrintupSupreme Court of Georgia · 1858
3Cited by2 opinions
- Brinson v. FairclothSupreme Court of Georgia · 1888
- Flanegan v. StateSupreme Court of Georgia · 1879