Fountain v. Davis

The question for decision is whether or not the verdict, under the dispossessory-warrant proceedings,, can be sustained by the evidence. This is a summary proceeding and is ofttimes harsh in its application. It must be based upon the relation of landlord and tenant, and requires proof of the existence of such relation. Its purpose is to oust the tenant who holds wrongful possession against his landlord, and to deliver possession to the landlord. If the relation of landlord and tenant does not exist, the remedy is not available. In Watson v. Toliver, 103 Ga. 123 (29 S. E. 614), the Supreme…