Ashburn v. Dempsey
Supreme Court of Georgia
Possessory warrant. Issued by Judge Poivers, October, 1853. This issue arose upon a possessory warrant, issued by Judge Powers, upon the following affidavit: “Georgia, Bibb County: In person appeared before me, Dermod Dempsey, who being sworn saith, that he is the owner of a certain hotel, garden and appurtenances in the City of Macon, and said county, known as the “Eloyd House”; that he rented the same to John C. Ashburn and George W. Ashburn, both of said county, partners,…
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Possessory warrant. Issued by Judge Poivers, October, 1853. This issue arose upon a possessory warrant, issued by Judge Powers, upon the following affidavit: “Georgia, Bibb County: In person appeared before me, Dermod Dempsey, who being sworn saith, that he is the owner of a certain hotel, garden and appurtenances in the City of Macon, and said county, known as the “Eloyd House”; that he rented the same to John C. Ashburn and George W. Ashburn, both of said county, partners, using the firm-name of John C. & G. W. Ashburn, for twelve months, commencing on the 30th July, 1853, at the rate of…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The 5th section of the Act of 1811, (Cobb’s Digest, 901,) pointing out the mode for the collection of rents, provides that “ if any person leasing or renting land, house or houses, shall fail to pay the rent at the time the same shall become due, it shall and may be lawful for the lessor, immediately thereafter, to enter and re-take possession of the premises so, by him, leased or rented.”
*251And by the Act of 1827, to amend the Rent Laws of this State, (Ibid,) it is declared that when, a tenant holds over and refuses to deliver possession, the…
2Cited by1 opinion
- Banigan v. NelmsSupreme Court of Georgia · 1899