Hass v. Gardner
Supreme Court of Georgia
Proceeding to remove intruder on land. Decided by Judge Clark. Terrell Superior Court. May Term, 1867. Sarah E. Gardner, for herself and others, made and delivered to the sheriff the affidavit required by law to remove Hass from certain lands. Hass filed a counter affidavit.
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Proceeding to remove intruder on land. Decided by Judge Clark. Terrell Superior Court. May Term, 1867. Sarah E. Gardner, for herself and others, made and delivered to the sheriff the affidavit required by law to remove Hass from certain lands. Hass filed a counter affidavit. At May Term, 1866, upon motion, the Court held his affidavit insufficient in law, upon the ground that the word legal did not appear in it, and. ordered the sheriff to eject Hass and give Sarah E. Gardner possession of the land. Before this order was executed, but while the sheriff was about to execute it, Hass tendered…
1Opinion of the CourtWarner, C. J.
This was a proceeding under the 4,000th section of the Revised Code, to eject an intruder from the possession of land. The defendant filed a counter affidavit, and the proceedings were returned by the sheriff to the next Superior Court. At the May Term of the Court, 1866, the plaintiff demurred to the defendant’s affidavit, upon the ground that the word legal was not in it, the defendant swearing, “ that *478he does in good faith claim a right to the possession of said land/’ instead of swearing that he does in good faith claim a legal right to the possession of said land, aá the law required him…
2Cited by4 opinions
- Burt v. CrawfordSupreme Court of Georgia · 1935
- Mothershead v. DeGiveSupreme Court of Georgia · 1888
- Green v. White Oak ClubSupreme Court of Georgia · 1914
- Eppinger & Russell v. HabershamSupreme Court of Georgia · 1879